CLAUZA DE APĂRARE MUTUALĂ A UNIUNII EUROPENE: POTENȚIAL NEVALORIFICAT SAU INSTRUMENT EMERGENT?
THE EUROPEAN UNION’S MUTUAL DEFENCE CLAUSE: UNTAPPED POTENTIAL OR EMERGING INSTRUMENT?
Author(s): Ina Raluca TomescuSubject(s): Law, Constitution, Jurisprudence, EU-Legislation
Published by: EDITURA ,,ACADEMICA BRÂNCUȘI”
Keywords: security; common defence; mutual defence clause; European Union; collective security mechanisms;
Summary/Abstract: The European Union’s mutual defence clause, enshrined in Article 42(7) TEU, was adopted in the context of the deterioration of the European security environment. This study examines the legal nature and functionality of this clause, as well as its relationship with other collective security mechanisms, in particular NATO. Building on an analysis of EU primary law and its only practical activation in 2015, the article assesses whether Article 42(7) constitutes a latent instrument or one in the process of consolidation. Although marked by normative ambiguities and operational limitations, the mutual defence clause has the potential to become a relevant component of European defence. However, its effective use depends on legal clarification and increased political will on the part of the Member States.
Journal: ANALELE UNIVERSITĂȚII ,,CONSTANTIN BRÂNCUȘI” DIN TÂRGU JIU - SERIA ȘTIINȚE JURIDICE
- Issue Year: 2025
- Issue No: 3
- Page Range: 65-80
- Page Count: 16
- Language: English, Romanian
