Coherence vs. conferred powers? the case of the European external action service

The process of European integration has led to the creation of numerous external actions at the Union level, and these should now be brought together to reinforce the coherence of EU foreign affairs. The attainment of coherence finds an apparently insurmountable obstacle in the delimitation of the powers conferred on EU institutions, since a rigid separation of the powers of Union bodies hinders the generation of positive connections among EU policies. The Lisbon Treaty sought to increase coherence in foreign affairs in part by creating the European External Action Service. This chapter examines the EEAS’s mandate and responsibilities in order to elucidate the interplay of coherence and conferred powers in external relations law. The first part of the analysis investigates the EEAS mandate, showing that the Treaties require the Service to coordinate external relations in order to ensure coherence. The second part examines the nature of this coordination, focusing on the technique legislators used to enable the EEAS to have a role in the implementation of development aid. Legislators identified the EEAS’s responsibilities by balancing the principle of the coherence of external action against the delimitation of conferred powers, with a view to fostering synergy in foreign affairs. It is argued that a similar approach can also be adopted in other areas where the EEAS brings added value as a coordinator, and in particular in the area of crisis response. An enlargement of the EEAS’s responsibilities is politically difficult, but it may be simplified by an amendment of the Treaties (where the mandate of the Service is spelled out), in such a way as to reinforce the Service’s legitimacy and effectiveness as a foreign-policy coordinator.