European Administrative Governance

European Administrative Governance Series Editors Thomas Christiansen Maastricht University Maastricht, The Netherlands Sophie Vanhoonacker Maastricht University Maastricht, The Netherlands

The series maps the range of disciplines addressing the study of European public administration. In particular, contributions to the series will engage with the role and nature of the evolving bureaucratic processes of the European Union, including the study of the EU s civil service, of organization aspects of individual institutions such as the European Commission, the Council of Ministers, the External Action Service, the European Parliament, the European Court and the European Central Bank and of inter-institutional relations among these and other actors. The series also welcomes contributions on the growing role of EU agencies, networks of technical experts and national officials, and of the administrative dimension of multilevel governance including international organizations. Of particular interest in this respect will be the emergence of a European diplomatic service and the management of the EU s expanding commercial, foreign, development, security and defence policies, as well as the role of institutions in a range of other policy areas of the Union. Beyond this strong focus of EU administrative governance, the series will also include texts on the development and practice of administrative governance within European states. This may include contributions to the administrative history of Europe, which is not just about rules and regulations governing bureaucracies, or about formal criteria for measuring the growth of bureaucracies, but rather about the concrete workings of public administration, both in its executive functions as in its involvement in policy-making. Furthermore the series will include studies on the interaction between the national and European level, with particular attention for the impact of the EU on domestic administrative systems. The series editors welcome approaches from prospective contributors and are available to contact at t.christiansen@maastrichtuniversity.nl and s.vanhoonacker@maastrichtuniversity.nl for proposals and feedback. More information about this series at http://www.palgrave.com/gp/series/14977

Maria Giulia Amadio Viceré The High Representative and EU Foreign Policy Integration A Comparative Study of Kosovo and Ukraine

Maria Giulia Amadio Viceré LUISS University Rome, Italy European Administrative Governance ISBN 978-3-319-76613-3 ISBN 978-3-319-76614-0 (ebook) https://doi.org/10.1007/978-3-319-76614-0 Library of Congress Control Number: 2018934374 The Editor(s) (if applicable) and The Author(s) 2018 This work is subject to copyright. All rights are solely and exclusively licensed by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. Cover credit: Brain light/alamy Stock Photo Printed on acid-free paper This Palgrave Macmillan imprint is published by Springer Nature The registered company is Springer International Publishing AG The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland

To my parents, my brother and Amatrice.

Preface and Acknowledgements I was a master s student when I first visited Brussels at the beginning of 2012. What I had learnt from EU handbooks and articles during my previous studies seemed to me reductive vis-à-vis the complexity of that extremely dynamic EU bubble. At the time, the Lisbon Treaty and its institutional modifications, including the reshaping of the High Representative s post, were still a matter of intense debate among EU scholars, policy analysts, and practitioners. What would have become the European External Action Service s (EEAS) headquarters on Rond point Schuman was being renovated and, partly, under construction. The Arab Spring had begun not long before. A tense emotion animated those that were making predictions about the unfolding of the political transitions in the Middle Eastern and Northern African Region (MENA). Tellingly, people would still use name of flowers, such as the jasmine, when referring to the Arab awakening. And yet, the situation was quite different when I came back as a European Commission Blue Book Trainee in autumn 2013. While the debt crisis of the Eurozone had reached its apex in 2012, it was a widespread opinion that the Lisbon Treaty foreign and security policy s reforms had not worked as expected in their first most significant test, the MENA region. In addition to this, by the end of 2013, Ukrainian citizens and pro-eu activist had started protesting in front of the EEAS and the Commission s building due to the Maidan events. Against this background, while the months spent in Brussels at the European Commission s Service for Foreign Policy Instruments had vii

viii Preface and Acknowledgements been incredibly exciting and rewarding, they left a sense of bitterness in me. European integration was increasingly in danger. Yet, the commonly adopted argument according to which the supposed inconsistencies of EU foreign and security policy were mainly due to a lack of cooperation in this policy sector seemed at odd with what I had observed until that moment as a trainee. It appeared to me that integrated efforts in EU foreign and security policy were a daily practice. That is when my interest in the different patterns of EU member states and institutions engagement to integrated modes of governance began. Almost immediately, I identified the post-lisbon High Representative as the most relevant institutional actor to analyze in an all-encompassing manner whether and under which conditions integrated institutional practices would develop and consolidate in areas traditionally corresponding to core state powers. This research puzzle and questions stemming from it have guided my work in the following years. While these are the main reasons that led me to work on EU foreign policy integration, without a number of people, writing this book would have been impossible. I would like to thank my PhD supervisor, Sergio Fabbrini, who has been an example and a source of inspiration for me in these years. A special thank goes to Mattia Guidi for his fruitful suggestions. My gratitude goes also to the faculty of Political Science of LUISS University. In particular, I wish to thank Roberto D Alimonte, Raffaele Marchetti and Leonardo Morlino for their support and suggestions. My gratitude goes also to the School of Government s team (SOG). Some members of the SOG faculty, particularly James Caporaso, Adrienne Héritier, and Jolyon Howorth, have provided priceless inputs to my work. A special thank goes also to my external examiners, Anand Menon, Arlo Poletti, and Nathalie Tocci, for their time and valuable advices. Needless to say, I bear full responsibility for any shortcoming or mistake. The study presented in this volume also benefitted from a research stay in London. In this regard, I express my gratitude to Jonathan Grant and the Policy Institute at King s College where I spent one semester during the third year of my PhD I completed this book while working at Leiden University, where I have found an incredibly dynamic and intellectually stimulating environment. A large part of my gratitude for this goes to Isabelle Duyvesteyn, André Gerrits, and Eugenio Cusumano. It would have been much harder to write this volume without the support of my family and friends. In particular, I wish to thank my parents and my brother for their love and patience. At times, life has gotten

Preface and Acknowledgements ix in the way. When I was writing my PhD dissertation, a ferocious earthquake shook Amatrice. This book is dedicated also to those we lost that night, to the savage beauty of those mountains, and to the restless, caring people that still inhabit them. Rome, Italy Maria Giulia Amadio Viceré

As you set out on the way to Ithaca hope that the road is a long one, filled with adventures, filled with understanding. The Laestrygonians and the Cyclopes, Poseidon in his anger: do not fear them, you ll never come across them on your way as long as your mind stays aloft, and a choice emotion touches your spirit and your body. Konstantinos Kavafis, Ithaca xi

Contents 1 Introduction 1 2 EU Foreign Policy Integration: A New Model Beyond the Supranational-Intergovernmental Divide 19 3 The Governance of EU Foreign and Security Policy 63 4 EU Foreign Policy on Kosovo and Ukraine in Context 103 5 In the Shadow of Statehood: The Role of the High Representative in Kosovo 147 6 Who s Afraid of the Big Bear? The Role of the High Representative in Ukraine 191 7 Conclusions 249 Appendix A: Interview Guide Including Framework Questions for the Case of Kosovo 261 xiii

xiv Contents Appendix B: Interview Guide Including Framework Questions for the Case of Ukraine 265 Appendix C: List of Interviews 269 Index 271

Abbreviations AA ACP ATM CCP CEE CFSP CIS COE COMECON COREPER CJEU CSDP DCFTA DG DG ENER DG NEAR DG EA EaP ECB ECHO ECJ ECSC EDA Association Agreement African, Caribbean and Pacific Group of States Autonomous Trade Measure Common Commercial Policy Central and Eastern Europe Common Foreign and Security Policy Commonwealth of Independent States Council of Europe Council of Mutual Economic Assistance Committee of Permanent Representatives Court of Justice of the European Union Common Security and Defense Policy Deep and Comprehensive Free Trade Area Directorate General Directorate General for Energy directorate General for Neighbourhood and Enlargement Negotiations Trade Directorate General for Trade Europe Agreement Eastern Partnership European Central Bank European Commission Civil Protection and Humanitarian Aid Operations European Court of Justice European Coal and Steel Community European Defense Agency xv

xvi Abbreviations EDC EEAS EEC EMU ENP ENPI EP EPC ESDP EU EUAM EUBAM EULEX EUMM EUSR FAC GAC GAERC HR IBM ICJ ICO IR JHA KFOR LDK LT MEP NATO NIS OECD OSCE PCA PDK PESCO PSC QMV SAA SAP European Defense Community European External Action Service European Economic Community Economic and Monetary Union European Neighbourhood Policy European Neighbourhood Policy Instrument European Parliament European Political Cooperation European Security and Defense Policy European Union European Union Advisory Mission for Civilian Security Sector Reform Ukraine European Union Border Assistance Mission to Moldova and Ukraine European Union Rule of Law Mission in Kosovo European Union Monitoring Mission in Georgia European Union Special Representative Foreign Affairs Council General Affairs Council General Affairs and External Relations Council High Representative of the Union for foreign affairs and security policy Integrated Border Management Agreement International Court of Justice International Civilian Office International Relations Justice and Home Affairs Kosovo Force Democratic League of Kosovo Lisbon Treaty Member of the European Parliament North Atlantic Treaty Organization Newly Independent States Organization for Economic Co-operation and Development Organization of Security and Cooperation in Europe Political and Cooperation Agreement Democratic Party of Kosovo Permanent Structured Cooperation Political and Security Committee Qualified Majority Voting Stabilization and Association Agreement Stabilization and Association Process

Abbreviations xvii SEA SFRY SRSG STM TCE TEU TFEU UCK UK UN UNGA UNMIK UNSC US USSR VP WEU Single European Act Socialist Federal Republic of Yugoslavia Special Representative of the UN Secretary-General Stabilization Tracking Mechanism Treaty establishing a Constitution for Europe Treaty on European Union Treaty on the Functioning of the European Union Ushtria Çlirimtare e Kosovës United Kingdom United Nations United Nations General Assembly United Nations Mission in Kosovo United Nations Security Council United States Union of Soviet Socialist Republics Vice President Western European Union

List of Figures Chapter 3 Fig. 1 The High Representative of the Union for Foreign Affairs and Security Policy: Structural and process perspectives 92 Chapter 5 Fig. 1 The European Council and Kosovo 149 Fig. 2 The Foreign Affairs Council and Kosovo 176 Chapter 6 Fig. 1 The European Council and Ukraine 193 Fig. 2 The Foreign Affairs Council and Ukraine 211 xix

List of Tables Chapter 1 Table 1 Measurement of EU foreign policy integration 9 Chapter 3 Table 1 EU foreign and security policy: Institutional structure 93 Chapter 4 Table 1 Policy framework of EU membership negotiations: Structural and process perspective 117 Table 2 Policy framework of the Eastern Partnership: Structural and process perspective 131 xxi