Operation of the CFSP

Since 1993 and the entry into force of the Maastricht Treaty, the European construction has been organised around institutional pillars. The unified institutional framework does in fact encompass rules governing competence that differ depending on the matter concerned. During the negotiation of the Maastricht Treaty, a decision was taken to bring together within a single architecture, which some have compared to a Greek temple, a unified institutional framework (the temple pediment) supported on three pillars.

The first pillar is that of the European Communities, and is governed by Titles II, III and IV of the TEU. Its operation follows community integration procedures (quasi-monopoly on initiatives for the Commission, competence of the Court of Justice of the European Communities, etc.). This pillar covers in particular the Common Agricultural Policy, competition policy, single monetary policy, common trade policy, and so on.

The third pillar relates to police and judicial cooperation in criminal matters (formerly the «justice and home affairs» pillar). It is governed by TEU Title VI and operates according to procedures of intergovernmental type. It was this that permitted, for example, the creation of a European arrest warrant.

The second pillar relates to CFSP. It is governed by TEU Title V. Within each pillar, a specific balance is assured between national sovereignty and the supranational level. Its introduction into the overall institutional architecture of the European Union essentially places the CFSP at the critical divide between the intergovernmental and community modes. Due to this, the CFSP is completely integrated into the institutions of the European Union (Commission, Council, European Parliament, Court of Justice, etc.) but their role is significantly different compared to the Community domain. Furthermore, a number of special bodies have been set up for CFSP operation. And lastly, ESDP-dedicated bodies have also been formed.