Implementing Article 42.7 of the Treaty on European Union: Legal Foundations for Mutual Defence in the Face of Modern Threats

Amsterdam Law School Research Paper No. 2020-71

Amsterdam Center for International Law No. 2020-35

24 Pages Posted: 15 Dec 2020

See all articles by P.A.L. Ducheine

P.A.L. Ducheine

University of Amsterdam - Amsterdam Center for International Law

J.F.R. Boddens Hosang

affiliation not provided to SSRN

Date Written: December 14, 2020

Abstract

Following the terrorist attacks in Paris in November 2015, the French government invoked Article 42, paragraph 7, of the Treaty on European Union – the Union’s “mutual defence clause”. Invoking this clause was legally complex, as it not only called into question the meaning and scope of the clause itself but also raised questions regarding the mechanisms for application and the obligations it imposed on the other Member States of the European Union (EU). Moreover, the invocation sparked new interest in the clause itself and has renewed debate between the Member States and within the European Union’s institutions as to its use, scope and (lack of) procedural aspects.

Keywords: European Union, Mutual Defence Clause, Article 42 (7) TEU, Cyber-attack, Hybrid threats

JEL Classification: K33, K40, F51, F52, N40

Suggested Citation

Ducheine, P.A.L. and Boddens Hosang, J.F.R., Implementing Article 42.7 of the Treaty on European Union: Legal Foundations for Mutual Defence in the Face of Modern Threats (December 14, 2020). Amsterdam Law School Research Paper No. 2020-71, Amsterdam Center for International Law No. 2020-35, Available at SSRN: https://ssrn.com/abstract=3748392 or http://dx.doi.org/10.2139/ssrn.3748392

P.A.L. Ducheine (Contact Author)

University of Amsterdam - Amsterdam Center for International Law ( email )

P.O. Box 1030
Amsterdam, 1000 BA
Netherlands

J.F.R. Boddens Hosang

affiliation not provided to SSRN

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