A Common Security and Defence Policy: Limits to Differentiated Integration in PESCO?

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Table of Contents: I. Introduction. – II. CSDP: Between a common and differentiated policy. – II.1. CSDP as a common policy of the EU. – II.2. Differentiated integration in CFSDP. – III. PESCO’s microcosm of differentiated integration. – III.1. The awakening of the “Sleeping Beauty”. – III.2.    Participation in PESCO. – III.3. PESCO projects. – IV. PESCO: Contributing to a common security and defence policy? – IV.1. General principles in EU CFSP and their enforcement. – IV.2. Consistency in relation to differentiated integration in PESCO. – IV.3. Sincere cooperation in relation to differentiated integration in PESCO. – V. Conclusion

Abstract: The use of Permanent Structured Cooperation (PESCO) by the European Union to manage defence cooperation between its Member States is the most recent example of Differentiated Integration (DI) in the EU. Yet differentiation may come at a price. The main aim of the present Article is to assess to what extent defence cooperation under the umbrella of PESCO can be cut up in pieces and yet still be considered a common defence adhering to the EU’s general principles of consistency and sincere cooperation. The question, therefore, is whether DI in PESCO is limited by these principles, and consequently, whether the CSDP, despite the differentiation, still contributes to a common policy. In short, the question is whether there is a tension between commonness and differentiation in EU security cooperation.

Keywords: Common Foreign and Security Policy – Common Security and Defence Policy – differentiated integration – Permanent Structured Cooperation – principle of consistency – principle of loyal cooperation.

European Papers, Vol. 7, 2022, No 3, pp. 1325-1356
2499-8249 - doi: 10.15166/2499-8249/614

* Junior Researcher of European Law, University of Groningen, annekehoude@hotmail.com.
** Professor of European Law, University of Groningen, r.a.wessel@rug.nl.


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