CYIL 2012

EMIL RUFFER CYIL 3 ȍ2012Ȏ Key Words: Treaty of Lisbon, European Union, Common Foreign and Security Policy, European Community, EU legal personality, EU external policies, external competence, external action, delimitation, legal basis, development cooperation, Court of Justice of the European Union On the Author: Emil Ruffer was born in Prague in 1974. He graduated from the Charles University Law School in 2001. He also studied English and American Literature at the Charles University Faculty of Arts. From 1996 to 1997 he studied European Law and Politics at the Cardiff Law School under the Tempus (PHARE) programme; for the academic year 2000 – 2001 he received Sasakawa Young Leaders Fellowship for studies of European and International Public Law at the Humboldt University in Berlin. He has been working in the EU Law Department of the Ministry of Foreign Affairs of the Czech Republic since 2003, and became its director in 2008. During the United Kingdom’s Presidency in the EU (6-12/2005) he was posted at the Czech Embassy in London. In 2007 he received a Ph.D. from Charles University Law School (doctoral programme Public Law I: European, International and Constitutional Law) upon completing research in the area of legal aspects of EU external relations, which is one his fields of specialisation. In 2011 he spent 6 months as a Visiting Fulbright Scholar at Fordham Law School in New York. He is married with one son. One of his favourite plays is Tom Stoppard’s Rock’n’Roll (2006), which just about sums up his theatrical and musical tastes (with some bits of Shakespeare, Handke, Creation Records and New York post-punk). I. Introduction The Common Foreign and Security Policy (hereinafter the “CFSP”) is one of the “survivors” of the Treaty of Lisbon, which allegedly removed the former pillar structure of the European Union, 2 explicitly confirmed the single legal personality of the Union 3 and newly defined the relationship between the Treaty on European Union (hereinafter the “TEU”) and the Treaty on the Functioning of the European Union (hereinafter the “TFEU”). 4 The Union also acquired a single set of aims and objectives ( cf. Art. 3 TEU in general and Art. 21 TEU for external action), aimed at achieving unity and coherence of external action. In this context, a new wording of “pre-Lisbon” Art. 47 TEU (now Art. 40 TEU) was introduced, which defines the relationship between the CFSP and other Union policies, including the external policies such as development cooperation. 2 While the CFSP “survived” the constitutional changes introduced by the Treaty of Lisbon and maintained its special position in the TEU, the Justice and Home Affairs pillar (Provisions on Police and Judicial Cooperation in Criminal Matters) was not so lucky and became fully integrated in the TFEU structure, along with other Union policies. 3 Art. 47 TEU stipulates: “ The Union shall have legal personality .” According to Art. 1(3) TEU, the Union replaced and succeeded the European Communities. 4 Under Art. 3(1) TEU “Those two Treaties [TEU and TFEU] shall have the same legal value .” (emphasis added).

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