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This book offers the first comprehensive legal analysis and empirical study of accountability concerning the EU's peacebuilding endeavours-also referred to as civilian crisis management. Since 2003, the EU has launched more than twenty civilian missions under the CSDP in conflict-torn regions in Eastern Europe, the Western Balkan, sub-Saharan Africa, the Middle East, and South East Asia with the aim of restoring stability and security. Mission mandates cover a broad range of multidimensional tasks, such as border monitoring, rule of law support, police training, law enforcement capacity building, and security sector reform. In light of these numbers and tasks and given (recent) alarming insights from practice, it begs the question who is accountable (to whom) for the EU's manifold extraterritorial peacebuilding activities.
Peace-building --- Peacekeeping forces, European. --- Law and legislation --- Common Security and Defence Policy. --- European Union countries --- Defenses --- Law and legislation. --- European peacekeeping forces --- Building peace --- Peacebuilding --- Conflict management --- Peace --- Peacekeeping forces --- Common Security and Defense Policy --- CSDP --- European Security and Defense Policy --- Common Foreign and Security Policy --- EU countries --- Euroland --- Europe --- European Union.
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The Organization for Security and Cooperation in Europe (OSCE), the world's largest regional security organisation, possesses most of the attributes traditionally ascribed to an international organisation, but lacks a constitutive treaty and an established international legal personality. Moreover, OSCE decisions are considered mere political commitments and thus not legally binding. As such, it seems to correspond to the general zeitgeist, in which new, less formal actors and forms of international cooperation gain prominence, while traditional actors and instruments of international law are in stagnation. However, an increasing number of voices - including the OSCE participating states - have been advocating for more formal and autonomous OSCE institutional structures, for international legal personality, or even for the adoption of a constitutive treaty. The book analyses why and how these demands have emerged, critically analyses the reform proposals and provides new arguments for revisiting the OSCE legal framework.
National security --- Security, International. --- Collective security --- International security --- International relations --- Disarmament --- International organization --- Peace --- National security policy --- NSP (National security policy) --- Security policy, National --- Economic policy --- Military policy --- Law and legislation --- Government policy --- Organization for Security and Co-operation in Europe. --- Organization for security and co-operation in Europe
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Unknown to many, the EU has since 2003 launched more than 20 civilian missions across Europe, Africa and Asia under the Common Security and Defence Policy (CSDP). The mandates of these peacebuilding missions cover rule of law support, police training, border assistance, security sector reform, and military capacity building. Currently, some 2,500 experts—lawyers, police and customs officers as well as security sector specialists—work in ten ongoing missions.But who is accountable (to whom) for these manifold extraterritorial activities, all of which touch upon core State functions? Rooted in a constitutional perspective on accountability, which is defined as a three-stage mechanism (Bovens, 2007), the rule of law standard serves as a fil conducteur when exploring accountability arrangements in EU civilian crisis management.The thesis begins by inquiring the governance credentials of civilian CSDP and shows that EU civilian crisis management is intergovernmental in form, but in substance Europeanized. Building on this observation, the thesis subsequently investigates de jure and de facto accountability arrangements in EU civilian crisis management existing in Member States, on the EU plane, and across levels. Based on an in-depth study of legal sources and empirical data, the thesis scrutinizes political, legal, and administrative accountability mechanisms, and furthermore assesses the appropriateness of current accountability arrangement based on a combination of quantitative and qualitative criteria.The findings paint a nuanced picture. Notwithstanding an accountability deficit observed de jure, several EU players—notably the European Parliament, the Court of Justice of the EU, the European Ombudsman, and the European Court of Auditors—have through practice significantly increased parliamentary scrutiny, judicial review, and administrative oversight in civilian CSDP. In addition, the civilian crisis management structures themselves have—also due to outside pressure—modified internal processes and institutional arrangements to improve framework conditions, notably regarding administrative issues.In sum, checks and balances are stronger at EU than at Member State level, and individuals have de facto better—even though not perfect— redress options at the supranational level. Instead of aiming for codification by Treaty law, the thesis suggests to consolidate the de facto accountability acquis at EU level by means of interinstitutional practice and agreements as well as by administrative rules and regulations.(Provided by Max Planck institute)
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