The Lisbon treaty is very likely to come into force soon. That’s why before and behind the scenes, the actors are busy with preparations for the new institutional setting.
A lot of the public debate in recent weeks has focused on the personnel for the new top jobs, the President of the European Council and the High Representative for Foreign Affairs and Security Policy. But it is often unclear how their job descriptions looks like.
This is especially true for the High Representative (HR), often also called “foreign minister”. On his blog Bruxelles2, Nicolas Gros-Verheyde has called the HR “a not yet identified object”: “a bit Commissioner, a bit minister (as he presides over the Foreign Affairs Council), and always the EU’s chief diplomat”.
It is obvious that the personality of the first office-holder will play a key role in defining the job of the HR. But it is as important to know what the rules and regulations for this job are — especially in an entity that is so much defined by law as the European Union actually is.
So how is the Lisbon treaty defining the role of the High Representative? Here are some questions and answers.
Will the High Representative speak for the EU to the outside world?
In principle, yes. The High Representative (HR) will “represent the Union for matters relating to the common foreign and security policy. He shall conduct political dialogue with third parties on the Union’s behalf and shall express the Union’s position in international organisations and at international conferences.”
But: It is the Council President (President of the European Council) who will “ensure the external representation of the Union on issues concerning its common foreign and security policy”. He shall do that, however: “without prejudice to the powers of the High Representative of the Union for Foreign Affairs and Security Policy”. And also the Commission “shall ensure the Union’s external representation”, but “with the exception of the common foreign and security policy”.
Comment: Brussels will only speak with one voice in international affairs if Commission President, Council President and High Representative work very close together, instead of getting lost in turf wars.
Who appoints the High Representative?
The HR will be appointed by the Heads of governments or state (European Council). But they need the agreement of the Commission President (currently Barroso). And the Commission as a body is subject to a vote of consent by the European Parliament.
Comment: While appointed by the member states, the HR needs the consensus of all three powers.
What’s the role of the Parliament vis-a-vis the High Representative
The HR has to “consult” the European Parliament on “the main aspects and the basic choices” of his policies, and “inform it of how those policies evolve”. He has to “ensure that the views of the European Parliament are duly taken into consideration.” Twice a year the parliament “shall hold a debate on progress in implementing the common foreign and security policy, including the common security and defence policy.”
Comment: The Lisbon treaty provides to the Parliament only a consultative role in foreign policy. But the Parliament is likely to try to gain more influence, using its different levers of power. And the HR will probably seek the support of the Parliament, as this gives him a stronger position.
What exactly is the High Representative supposed to do?
The HR shall “conduct” the common foreign, security and defense policy. He has to “ensure the consistency of the Union’s external action”. He shall “carry out” and “put into effect” Council decisions (in cooperation with member states).
The HR will “take part” in the work of the meetings of heads of states or governments (European Council). Together with the Commission, the HR can submit joint proposals to the European Council.
The HR will preside over the regular foreign ministers meetings (Foreign Affairs Council). The Foreign Affairs Council council shall “elaborate the Union’s external action on the basis of strategic guidelines laid down by the European Council”.
Within the Commission, the HR will be responsible for external relations.
The HR shall “organise the coordination” of the member states action in international organisations and international conferences. Member states “shall uphold the Union’s positions” in such forums.
Comment: The HR can initiate decisions, and is partly responsible for carrying them out. He takes part in all important meetings and is likely to get considerable resources. Of course, the member states remain the decision-makers. But with the right competences and good negotiating skills, the HR should be able to develop considerable influence not only on the procedure, but also on the substance of EU foreign policy.
What are his resources?
The HR will be “assisted by a European External Action Service” (EEAS).
The EEAS is supposed to work “in cooperation” with the diplomatic services of the member states. It shall comprise staff from the Commission, the Council and the member states.
The “organisation and functioning” of the EEAS “shall be established by a decision of the Council. The Council shall act on a proposal from the High Representative after consulting the European Parliament and after obtaining the consent of the Commission.”
Comment: Pretty vague. Open to competing interpretations, which we see unfolding currently. Intergovernementalists want the EEAS to be small and dependent on member states, while federalists want it to be a strong, state-like diplomatic service under the umbrella of the Commission.