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EU: Solidarity Clause – the way ahead? - Orientation debate on Art. 222 TFEU

01 October 2011

EU: Solidarity Clause – the way ahead? - Orientation debate on Art. 222 TFEU (pdf)

The obscure Solidarity Clause established by Article 222 TFEU commits the European Union and its Member States to act jointly in a spirit of solidarity if a Member State is the object of a terrorist attack or the
victim of a natural or man-made disaster.

Its implementation begs the question, which body in the Council is responsible? Is it COSI (the Standing Committee on operational cooperation on internal security - Interior Ministries) or the PSC, the:Political and Security Committee (comprised of the Brussels-based high-level Permanent Representatives of Member States)? And can assistance involve not just Interior Ministry resources but also those of the Defence and Military ones and should these be under the direction of COSI or the PSC?

"Arrangements for the implementation of the solidarity clause shall be defined by a decision adopted by the Council acting on a joint proposal by
the Commission and the High Representative of the Union for Foreign Affairs and Security Policy. The PSC and COSI assist the Council for these purposes. If necessary, the PSC and COSI can submit joint opinions." - or by implication, separate Opinions.

"Could the concept of “being the object of an attack” be applied to preventive actions, before a terrorist attack has actually taken place? Therefore, could a definition be adopted that would cover cases in which the Solidarity Clause could be applied and which would prevent its application to minor events? Or perhaps an ad hoc assessment should be made?"