war resisters’ international internationale des résistant(e)s á la guerre internationale der kriegsdienstgegner/innen internacional de resistentes a la guerra internacio de militrezistantoj 5 Caledonian Road, London N1 9DX, Britain A military constitution for the European Union? Or: The European Union too is on a course towards war This text was written by Tobias Pflüger from the German-based Informationsstelle Militarisierung. It analyses the draft EU constitution, and proposes a European campaign against the European Constitution. This text is important, as it highlights the appalling development of a military Europe, which will mainly mirror the United States of America. A German language version is available on the WRI website, and on the website of the Informationsstelle Militarisierung. Other language version will be made available soon. (War Resisters' International) Introduction
governments convened to revise the Treaties, 17/09/03)
After a long time the so-called European Convention
The European Commission describes the significance
produced a draft for a EU Constitution, which consists
of foreign and security policy as follows: “The
of 260 pages, divided into four chapters. Added to the
Convention examined closely the provisions on the
draft constitution are several appendices of additional
Union’s external action and the area of freedom,
agreements, which will also be part of the constitution. security and justice. It produced draft articles
The EU Constitution can be read or downloaded at
completely rewriting the originals. As far as the other
http://www.european-convention.eu.int. policies are concerned, the Convention confined itselfto reproducing the provisions currently featuring inOn the significance of military policy within the EU draft the EC Treaty, with only a few alterations.” In the
constitution
same document, the content of the EU draft
The so-called “Common Foreign and Security Policy”
constitution is described as follows: “. it revamps the
(CFSP) and the “European Security and Defence
provisions concerning the common foreign and
Policy” (ESDP) take up a lot of space and are central
security policy; it develops the common security and
to the draft. The regulations regarding the military
defence policy and enables those Member States
policy are very concrete and go into a lot of detail. The
wishing to do so to enhance their capacity for action
EU Commission itself comments: “Finally, by virtue ofthe fact that it replaces all the provisions of the currentTreaties and, in particular, rewrites the provisions onEU integration through common military policy?! external action and the area of freedom, security and
The draft constitution explicitly states: “The Unionjustice, while adopting the Treaty provisions onshall have competence to define and implement apolicies wholesale, the draft Constitution hascommon foreign and security policy, including theinevitably become a lengthy and fairly detailedprogressive framing of a common defence policy.”
document.” (Opinion of the Commission, pursuant to
(Article I-11, paragraph 4; it is similar in article I-15,
Article 48 of the Treaty on European Union, on the
paragraph 1.) Article I-40 paragraph 2 clarifies the
Conference of representatives of the Member States’
steps that need to be taken: “The common security andChair: Joanne Sheehan (U.S.A) Treasurer: Bart Horeman (Netherlands) Giro Account: WRI 72-00-00 a/c 585204004 IBAN GB67GIRB720000 585204004 swift code GIRGB22 Staff: (Britain) Roberta Bacic, Lyn Bliss, Andreas Speck Peace News Staff: Ippy Dee, John Courtneidge. defence policy shall include the progressive framing ofand defence policy, to contribute to the objectivesa common Union defence policy. This will lead to adefined by the Council of Ministers. Those Membercommon defence, when the European Council, actingStates which together establish multinational forcesunanimously, so decides.” There will be such a thing as
may also make them available to the common security
a duty of loyalty within the European Union. Article I-
and defence policy.” (Article I-40, paragraph 3). It is
15, paragraph 2 reads: “Member States shall actively
again unique that readiness for military interventions
and unreservedly support the Union's common foreign
world-wide gets the status of a constitutional duty. EU
and security policy in a spirit of loyalty and mutual
troops will be used as “combat forces in crisissolidarity and shall comply with the acts adopted bymanagement, including peacemaking and post-conflictthe Union in this area. They shall refrain from actionstabilisation.” (Article III-210). It goes on, “[a]ll thesecontrary to the Union's interests or likely to impair itstasks may contribute to the fight against terrorism,effectiveness.” As long as there is no decision of the
including by supporting third countries in combating
European Council on “security policy”, individual
terrorism in their territories.” (Article III-210). This is
member states of the EU who, regarding their military,
an extremely broad mandate for potential EU military
“have made more binding commitments to one
operations. It even allows for the EU to intervene in a
another” may established a “structured cooperation
civil war on the side of one or other faction, and to
within the Union framework”, according to Article I-
influence the outcome of the war militarily, justified by
40, paragraph 6 (more below under Council of
the “fight against terrorism”. Any limitations for such
Ministers decides on its own). If this constitution is
extra-territorial EU military operations remain
passed, then member states won't have the power to
block the developing common military policy. If thisdraft EU constitution becomes reality the common
Codification of the concept of core Europe
military policy of the European Union will play a – if
Article 40 paragraph 6 of the draft constitution says:
not the – central role in the process of the integration
“Those Member States whose military capabilities
of the enlarged EU of 25 member states. In particular,
fulfil higher criteria and which have made more
the regulations on competences (especially Article I-
binding commitments to one another in this area with
11) or on general obligations (Article I-15) highlight
a view to the most demanding missions shall establish
this aspect. Additionally, the common military policy is
structured cooperation within the Union framework.”
one – if not the – central (new) element of this draft of
This means that individual member states, which “havemade more binding commitments to one another”, cancreate permanent common military structures. Article I-
Commitment to armament in the constitution
40 paragraph 7 defines more concretely what Jacques
Regarding peace or military policy, the draft
Chirac has described once as an advance team such as
constitution includes dramatic new regulations. There
at the tour de France: “Until such time as the European
is an explicit commitment to armament in the
Council has acted in accordance with paragraph 2 of
constitution: “Member States shall undertakethis Article, closer cooperation shall be established, inprogressively to improve their military capabilities.”
the Union framework, as regards mutual defence.”
(Article I-40, paragraph 3) This means engraved in the
This translates into the area of the military what
future constitution is a commitment to regular
German Foreign Minister Joshka Fischer described in a
increases in armaments! A “European Armaments,
speech at the Humboldt University on 12 May 2000 in
Research and Military Capabilities Agency” will be set
Berlin (From Confederacy to Federation - Thoughts on
up “to identify operational requirements, to promote
the finality of European integration). There he talked
measures to satisfy those requirements, to contribute
about an “avant-garde” Europe, about a “centre ofto identifying and, where appropriate, implementinggravity” within the EU, but the older term of a “coreany measure needed to strengthen the industrial andEurope” coined by Wolfgang Schäuble and Karl
technological base of the defence sector, to participate
Lamers is more to the point. It remains open how this
in defining a European capabilities and armaments
closer military cooperation within the union framework
policy, and to assist the Council of Ministers in
could be slowed down or prevented by other EU
evaluating the improvement of military capabilities.”
(Article I-40, paragraph 3). Regarding the
This so called “structured cooperation” in the area of
“improvement of military capabilities” and the
military policy is something like an exclusive club
“evaluating the improvement of military capabilities”
within the EU: Article III-213 paragraph 3 reads:
the constitution explicitly defines commitments!
“When the Council of Ministers adopts Europeandecisions relating to matters covered by structuredEU troops all over the world? Combat operations cooperation, only the members of the Council of(including abroad) in the constitution! Ministers that represent the Member States taking part
The EU member states provide military contingents for
in structured cooperation shall participate in the
the EU military policy: “Member States shall makedeliberations and the adoption of such decisions. Thecivilian and military capabilities available to theUnion Minister for Foreign Affairs shall attend theUnion for the implementation of the common securitydeliberations. The representatives of the other MemberStates shall be duly and regularly informed by thenecessary, robust intervention.” “If we are seriousUnion Minister for Foreign Affairs of developments inabout new threats and about creating more flexiblestructured cooperation.” It is absolutely unclear how
mobile forces we need to increase defence resources.”
other member states of the EU could slow down or
(Note: it doesn't say “if the new threats are serious”, it
block this closer military cooperation. For those EU
says “if we are serious about new threats.”!) “In a
countries that are officially still neutral – Finland,
world of global threats, global markets and global
Ireland, Austria, and Sweden – there are more
media, our security and prosperity depend on an
problems. The EU constitution includes several explicit
effective multilateral system.” Solana concludes: “This
regulations for cooperation with NATO, for example in
is a world in which there are new dangers but also
Article I-40, paragraph 7: “In the execution of closernew opportunities. If it can become a fully effectivecooperation on mutual defence, the participatingactor, the European Union has the potential to make aMember States shall work in close cooperation withmajor contribution, both to dealing with the threatsthe North Atlantic Treaty Organisation.” This means
and to helping realise the opportunities. An active and
that the fear that the ratification of the EU constitution
capable European Union would make an impact on a
by non-NATO members in fact means a “NATO
global scale. In doing so, it would contribute to an
membership light” is not unjustified. effective multilateral system leading to a fairer andmore secure world.” This is a call to battle against the
Council of ministers decides on its own – no
“unilateral world order” with the USA as the single
involvement of parliament
world power, as promoted by the US and UK
The draft EU constitution stresses several times that
governments. The European Union is to become
the Council of Ministers is alone responsible for EU
something like the second world power in a
military policy. Translated into plain English, Article I-
40 rules that the Council of Ministers will takedecisions on EU military operations. This is effectively
The EU too wants to fight “preventive wars”
repeated in Article III-198 paragraph 1: “Where the
The Solana paper also codifies the concept of
international situation requires operational action by
preventive wars. “In an era of globalisation, distantthe Union, the Council of Ministers shall adopt thethreats may be as much a concern as those that arenecessary European decisions.” The EU parliament
near at hand. Nuclear activities in North Korea,
won't take part in this. Paragraph 8 of Article 40 says
nuclear risks in South Asia, and proliferation in the
only that the EU parliament shall be consulted
Middle East are all of concern to Europe.” And: “Our
regularly on the “main aspects”, and shall be kept
traditional concept of self-defence - up to and
informed on the development “and basic choices of theincluding the Cold War - was based on the threat ofcommon security and defence policy”. This is dealt
invasion. With the new threats the first line of defence
with more precisely in Article 205 paragraph 1. will often be abroad. The new threats are dynamic.
Paragraph 2 says: “The European Parliament may askLeft alone, they will become more dangerous. [.] Thisquestions of the Council of Ministers and of the Unionimplies that we should be ready to act before a crisisMinister for Foreign Affairs.” But the duty to inform
occurs.” This transfers the core element of the USA
parliament does not mean that parliament has the right
National Security Strategy, also called the “Bush
doctrine”, to Europe, and codifies it for the EuropeanUnion. The bombing campaign of the war against Iraq
Javier Solana's EU military strategy: The EU as a military
was a test for this concept of preventive wars (i.e. actor all over the world in a multilateral system
Financial Times Deutschland, 19 March 2003). By
On behalf of the EU's heads of government, Javier
now, Western militaries and governments seem to
Solana, the EU's High Representative for Common
regard the preventive war concept as a recipe for
Foreign and Security Policy, drafted a paper on EU
success. The wording of the preventive war concept in
strategy in military matters. All EU heads of
Solana's paper shows that there is no difference
government welcomed this military strategy paper at
between the USA and the EU in terms of quality –
the EU Summit in principle. “This paper proposes
there is in terms of quantity – regarding their far-
three strategic objectives for the European Union.
reaching military policy. Many, including governments
First, we can make a particular contribution to
in “old Europe”, like to criticise the US government
stability and good governance in our immediate
and its methods, but precisely these EU governments –
neighbourhood. Second, more widely, we need to build
including the German social democrat/green coalition
an international order based on effective
– very much like to take these methods, such as the
multilateralism. Finally, we must tackle the threats,
preventive war concept, on board. They do this for
new and old.” For this, the European Union mainly
example with the new EU military strategy.
focusses on its (new) military strength: “As a Union of25 members, spending a total of 160 billion Euros onThe fight for the good in the world – or where is the defence, we should, if required, be able to sustainproblem, in the South or in the West? several operations simultaneously. We need to develop
The Solana paper names the three main threats as seen
a strategic culture that fosters early, rapid, and when
by EU governments: “Taking these different elementstogether - terrorism committed to maximum violence,Proposal for a campaign against the EU Constitution, to the availability of weapons of mass destruction and thecampaign against the militarisation of the European failure of state systems - we could be confronted with avery radical threat indeed.” Only joint action would
The Informationsstelle Militarisierung therefore
help against those threats. The goal of EU policy is
proposes to initiate a campaign against this European
stated openly and very clearly, even if you have to read
constitution. The EU constitution is the result of a
it several times to believe that it is really written into
mistaken policy of the governments of the European
the military strategy of the EU: “[.] Acting together,
Union. Regarding the military, the EU draft
the European Union and the United States can be a
constitution is appalling, and this constitution has to be
formidable force for good in the world.” Together for
opposed. A campaign against the EU constitution
“good in the world”, against all “evil”? For whom this
could be set up by groups from the peace and anti-war
“good” will be good is obvious. It all is about as much
movement, from the anti-globalisation movement,
power, influence, and economic expansion of Western
groups working against welfare cuts and those working
states as possible. The Western states agree on the core
with refugees. A campaign against the EU constitution
issues, with differences in details (Iraq): more
could be carried out in cooperation, across borders,
armament and the development of military forces that
among groups from different EU countries. This draft
are able to fight wars. The wars of the future will be
EU constitution is not a constitution for the people.
fought with permanently changing coalitions, and not
This draft EU constitution is not our constitution!
everyone will join in every time. But the wars willhappen, against countries and people in the South. The
analysis which is behind the draft EU constitution and
The draft European Constitution: http://www.european-
the Solana paper sees the problem in the South, in the
“failed states”. The draft EU constitution explicitly
European Commission: Opinion of the Commission, pursuant to
codifies neo-liberal economic policy which leads to
Article 48 of the Treaty on European Union, on the Conferenceof representatives of the Member States’ governments convened
pauperisation world-wide. Obviously, the problem is
not in the South but in the West. The policy of the
http://ue.eu.int/igc/docs/st12654.en03.pdf
Western states has to be changed fundamentally. The
Javier Solana, EU High Representative for the Common Foreign
present neo-liberal and neo-imperialist policy of the
and Security Policy: A Secure Europe in a Better World:
EU states – two sides of the same coin – should not be
http://ue.eu.int/pressdata/EN/reports/76255.pdfJoshka Fischer: From Confederacy to Federation - Thoughts on
codified as part of the future constitution of the
the finality of European integration, 12 May 2000,
http://www.auswaertiges-amt.de/www/en/eu_politik/ausgabe_archiv?suche=1&archiv_id=1027&bereich_id=4&type_id=3
Informationsstelle Militarisierung e.V. War Resisters' International
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