The EU's Foreign Minister
59. The Treaty provides for an EU Minister of Foreign
Affairs, elected by QMV and requiring approval by the President
of the Commission (see box). The Minister will contribute to
the development of the CFSP, carry it out as mandated by the Council,
co-ordinate other aspects of the EU's external policies, chair
the Foreign Affairs Council and be a Vice-President of the Commission.
The intention is to end the present division of responsibilities
between the Foreign Minister of the Presidency country (changing
every six months), the Commissioner with responsibility for Foreign
Affairs and the Secretary General/High Representative.
Article I-28: The Union Minister for Foreign Affairs
1. The European Council, acting by qualified majority,
with the agreement of the President of the Commission, shall appoint
the Union Minister for Foreign Affairs. The European Council may
end his or her term of office by the same procedure.
2. The Union Minister for Foreign Affairs shall conduct
the Union's common foreign and security policy. He or she shall
contribute by his or her proposals to the development of that
policy, which he or she shall carry out as mandated by the Council.
The same shall apply to the common security and defence programme.
3. The Union Minister for Foreign Affairs shall preside
over the Foreign Affairs Council.
4. The Union Minister for Foreign Affairs shall be
one of the Vice-Presidents of the Commission. He or she shall
ensure the consistency of the Union's external action. He or she
shall be responsible within the Commission for responsibilities
incumbent on it in external relations and for coordinating other
aspects of the Union's external action. In exercising these responsibilities
within the Commission, and only for these responsibilities, the
Union Minister for Foreign Affairs shall be bound by Commission
procedures to the extent that this is consistent with paragraphs
2 and 3.
60. While some of our witnesses welcomed the new
arrangements as contributing to the coherence and effectiveness
of the EU's foreign policy, others were concerned that it would
increase the EU's role in foreign affairs at the expense of Member
States and their freedom of action. Martin Howe QC argued that
there would be 'a supranational figure, the Minister, presiding
over meetings of the Council of Ministers on foreign policy',
together with a supranational diplomatic service, and there is
likely to be 'a one way effect under which the field is progressively
covered by common policies which are successively adopted'.[91]
Professor Denza regarded the title itself as inappropriate: 'international
organisations generally do not have foreign ministers; States
have foreign ministers. That is a political problem'.[92]
61. Those who provided evidence on this matter were
most concerned about the 'double-hatting' of the Minister, who
would be responsible to the European Council but also a member
of the Commission. Professor Denza believed that 'the proposed
European Foreign Minister will have the confidence of neither
institution':[93]
'You have provisions in the new Constitution that
say that the loyalty of the Foreign Minister is somehow accepted
because he takes instructions from the Council. It seems to me
that will undermine his position, not only legally but politically,
in the College of Commissioners'.[94]
His position would be 'impossible' in the case of
conflict between the Council and Commission over competence:
instead of greater integration of the functions of the Council
and Commission, 'you simply have the unfortunate Foreign Minister
with a foot in both camps'.[95]
62. Professor Dashwood pointed out that the Commission
and Council did not have responsibility for separate spheres of
external policy and questioned which side the Foreign Minister
would take in 'disputes of the kind that have frequently arisen
between the Council and the Commission, over issues such as whether
the Community is exclusively competent in the matters to which
a given agreement relates, or what is the correct legal basis
in the Treaty for concluding an agreement'. However, he was reassured
by the fact that the Minister's responsibility to the Commission
would now be only 'to the extent that this is consistent with
paragraphs 2 and 3' in the Article, relating to the Minister's
responsibility to the Council:
'I infer from the phrase which has been added
that, when presiding over the Foreign Affairs Council, the Foreign
Minister will not be bound by the Commission's view on issues
such as exclusivity or non-exclusivity of Union competence, or
the choice of legal basis for an envisaged agreement. In other
words ... the Foreign Minister will be wearing his/her Council
hat.'[96]
63. Professor Eeckhout welcomed the proposed new
post, stating that there were currently two EU administrations
dealing with external affairs, 'which have developed an unhealthy
antagonism, and these needed to be merged'.[97]
64. The relationship between the Foreign Minister
and the President of the European Council also potentially gives
rise to problems. The Federal Union stated that:
'The new Foreign Minister will be a Vice-President
of the European Commission, at the head of the EU's external representative
services and a member of the Commission that coordinates trade,
aid and the other external policies of the EU. The Chair of the
European Council will have none of these resources or responsibilities,
but rather a symbolic role in external representation. The two
posts can work well together, but foreign policy will have to
be developed through the EU's institutions thereby respecting
the role of the member states rather than on the hoof.'
[98]
65. We would have preferred a less grandiose title
than Minister for Foreign Affairs, but we recognise the need for
better co-ordination of the EU's foreign policy, and we hope that
creation of the new post will have that result. Matters of responsibility
and accountability are particularly difficult in foreign affairs
because of the differing roles of the EU institutions and of Member
States. It remains to be seen whether 'double-hatting' will work
well, but, on balance, it would appear that the indications are
positive.
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