Prospettive per una difesa europea comune: come la guerra in Ucraina ha rinviato l'esigenza di sicurezza

(GSC).

The European Union Military Staff (EUMS)

Military Committee is supported in carrying out its activities by the European Union General Staff

(EUMS), composed of experts in the sector who make available their skills in the field of strategic

planning and implementation of military operations, to improve the management of crisis and

operations conducted by the European Union.

The Committee for Civilian aspects of Crisis Management (CIVCOM)

The Committee for Civilian aspects of Crisis Management issues recommendations and opinions to

the PSC on the different civilian aspects of crisis management: for example, police, rule of law,

border control and civil administration. It is made up of diplomats and sector experts (each Member

State determines the modalities of its participation). Develop concepts and tools for action,

including those related to civilian capabilities. Plans and follows the development of civil

operations. In evaluating and planning the civil aspects, it works in coordination with the European

58

Commission, which is a full member .

Politico-Military Group (PMG)

The PMG is responsible for the politico-military aspects of the ESDP and formulates

recommendations and opinions for the PCS. Composed, according to the preferences of the

Member States, by diplomats, civilian defense, or military experts, it is the privileged place for the

political elaboration of concepts and instruments of action relating to the Union's military

operations. The GPM also follows security sector reform missions in their military aspects and

action of the Union in the development of African capacity for conflict prevention, management,

59

and resolution; moreover, it acts as a leader in the preparation of the exercises in the ESDP field.

European Defence Agency (EDA)

With Joint Action 2004/551/CFSP The European Defense Agency, which is based in Brussels, was

created in 2004 with the task of assisting member states in their efforts to improve European

military capabilities in crisis management, as well as acting in support of the ESDP in its current

forms and in future developments, research, acquisition and armaments in the then context of the

57 European Commission, EUMC role https://www.consilium.europa.eu/it/council-

eu/preparatory-bodies/european-union-military-committee/

58 https://www.eeas.europa.eu/node/11364_en

59 https://www.consilium.europa.eu/it/council-eu/preparatory-bodies/politico-military-group/ 18

60

Treaty of Nice. The EDA is placed under the responsibility of the SG / HR, which chairs the Board

of Directors, made up of the Defense Ministers of the 26 participating Member States (except Malta

61

but including Denmark) and a representative of the European Commission. This body also meets

regularly at the level of officials (National Armaments Directors, i.e., those responsible for capacity

development or research and technology, on average eight times a year). EDA mission is to assist

the Council and Member States in their effort to improve the EU defence capabilities in crisis

62

management and to support the ESDP in its current and future framework.

After the attack in Ukraine, the EDA highlighted the importance within the CFSP. The project (a

Join Communication by the Commission and European Defence Agency) reply to a tasking from

EU leaders at their 11 March emergency summit at Versailles, in the wake of the Russian invasion

of Ukraine. The instruction was to “put forward an analysis of the defence investment gaps by mid-

May and to propose any further initiative necessary to strengthen the European industrial and

technological base.” [ CITATION Bor221 \l 1040 ].

European External Action Service (EEAS)

The EEAS is under the authority of the High Representative of the Union for Foreign Affairs and

Security Policy, assisting him/her in the following areas:

● carrying out EU common foreign and security policy (CFSP), including the common

security and defence policy (CSDP).

● the Presidency of the European Foreign Affairs Council.

● the Vice-Presidency of the European Commission in the field of external relations.

The Military Planning and Conduct Capability (MPCC)

The Military Planning and Conduct Capability (MPCC) is the long-term command and control

structure at the military strategic level. Since June 2017, look after the planning and conduct of non-

executive Missions. It was created to enhance the effectiveness of the EU Command and Control

structure in the broader framework of strengthening civil/military cooperation, and in line with the

principle of avoiding unnecessary duplication with NATO. The MPCC enhances the capacity of the

EU to react faster and more efficiently to a conflict or crisis, ameliorate the coordination of the

military with other Common Security and Defence Policy and EU actors. It reports to the PSC and

63

informs the EU Military Committee (EUMC).

European Peace Facility (EPF)

On 22 March 2021, the Council embraced a decision establishing the European Peace Facility

(EPF).

The EPF is an extra-budgetary instrument aimed at consolidating the Union's capacity to prevent

conflict, build peace and strengthen international security, by enabling the financing of operational

60 [ CITATION Mar14 \l 1040 ]

61 EEAS Press Team https://www.eeas.europa.eu/eeas/denmark-statement-high-representative-

outcome-referendum-opt-out-defence-matters_en

62 European Union, Role of EDA https://european-union.europa.eu/institutions-law-

budget/institutions-and-bodies/institutions-and-bodies-profiles/eda_it

63 https://www.eeas.europa.eu/eeas/military-planning-and-conduct-capability-mpcc_en 19

actions under the Common Foreign and Security Policy (CFSP) which have military or defense

implications. It replaces and expands, as of 2021, the previous financial instruments in this area,

namely the Athena Mechanism and the Peace Facility in Africa.

Finally, several ancillary bodies, also part of the EEAS structure, deal with crisis management.

These include the European Union Intelligence Analysis Center (EU INTCEN), which is

responsible for monitoring and evaluating events of international significance and global threats,

64

including terrorism and the spread of weapons of mass destruction . The EU Situation Room

65

(SITROOM) operates within the EU INTCEN, which acts as the "switchboard" of the EEAS :

every day, 24 hours a day, it prepares reports on international crises based on information received

from, among others Member States, special representatives and international organizations and

66

keeps the international situation constantly updated. Alongside these structures, bodies and

67

working groups, the EP and the Commission also play roles, although marginal in crisis

management. The European Commission, on the other hand, has a role above all in the financial

sector in crisis management, administering specific resources such as the Instrument for Stability or

68

the African Peace Facility . Also in the financial field, a step forward was made by the

Commission's President Juncker in 2016 with the proposal to establish a “European Defense

69

Fund” breaks what until then was considered a taboo at European level, namely the idea that the

EU budget could cover defense spending. The Fund will consist of two sections: the "research"

section, which allocates grants to research in defense technologies and products: Preparatory

Action on Defence Research (PADR), and the “development and acquisition” section which

introduces incentives for states to cooperate in joint development and adoption of defense

technologies and equipment through co-financing from the EU budget. It will be 500 million euros

per year for 2019-20 and, from 2020 onwards, 1 billion euros per year but which, by encouraging

national funding, will have a multiplier effect of 5 and will therefore be able to generate annual

70

investments. totaling € 5 billion.

A very important aspect regarding the construction of the ESDP is represented by cooperation in the

field of armaments, which however is developing with great difficulty through interstate agreements

outside the institutional framework of the EU. A particularly significant example in this regard is the

71

story of the A400M military transport aircraft, which is of great importance for achieving a

capability of projection of the military force indispensable for the Petersberg missions. In recent

64 “Suggestions for crisis management procedures for CSDP crisis management operations",

Annex p. 42.

65 Ibid.

66 La Politica di Sicurezza e di Difesa Comune dell’Unione Europea

Carli Eugenio Giappichelli

Editore 2019 pp41-42.

67 According to some authors, the role of the EP is almost completely excluded from the overall

strategy of defining the general orientations of the CSDP. See COSTANZO, MEZZETTI, RUGGERI,

Outlines of constitutional law, cit., P. 159.

68 The African Peace Facility (APF) is a partnership project established in December 2003 with

the aim of providing support to the African continent for the implementation of its peace and

security agenda and thus supporting sustainable development of the territory. It finds its legal

basis in art. 11 of the Cotonou Agreement, concerning conflict prevention and pacification

policies. See Partnership Agreement between the Members of the African, Caribbean and

Pacific Group of States, on the one hand, and the European Community and its Member States,

on the other, signed in Cotonou on 23 June 2000, G.U. L 317, December 15, 2000, p. 3. For

information on the EU-Africa partnership and, in particular, on the APF, see http://www.africa-

eu-partnership.org

69 https://eda.europa.eu/what-we-do/EU-defence-initiatives/european-defence-fund-(edf)

70 Verso La Difesa Europea L’Europa e il nuovo ordine mondiale 2022, p 35

Domenico Moro

71 [ CITATION OCC \l 1040 ] 20

years, the project Medium Altitude Long Endurance Remotely Piloted Aircraft System (MALE

72 73

RPAS) managed by OCCAR (Organisation Conjointe de Coopération en matière d'Armement)

74

has shown and pushed towards cooperation around defence industry . The ESDP, like the CFSP, of

which it is an articulation, it must be said that although it has made progress and is proceeding in its

evolution, it still has several limitations, especially in its decision-making procedure, which we will

deal with in the next paragraph.

Legal Basis

Although the Common Foreign Security Policy governance has not raised problems and

dissatisfactions within its member states with the aim to be more an inclusive action than effective,

has gaps that need to be filled, such as the unanimity that is needed to take commitment on foreign

and security policy. The different typologies of regulations can be divided in four levels.

First, there is the general CSDP level, where the European Council and, in some cases, the Council

of the European Union take resolution and set out general guidelines. This can relate to all of the

decision types provided for in Article 25 of