EU Solidarity as Collective Self-Defence? Constitutionalism and the Public uses of Force

Abstract

The chapter sets out to explore the notion of self-defense and how it is manifested in contemporary law of war. In addition, the chapter discusses the notion of collective self-defense in the context of the European Union (EU). The chapter links this debate to Ripstein’s Kant and the Law of War by using the EU as a test case of Kantian war theory. The chapter focuses on the imminence criteria for deciding on self-defense, in the context of EU security law, and to the extent to which Kant completely ruled out any preventive use of force. The EU’s fight against terrorism and security regulation appears to have many parallels with the “war” model which will be discussed in this chapter.

The chapter is structured as follows. First, some fundamentals of self-defense will be sketched out and I will link it to the manuscript on Kant and the Law of War. I will compare the just war theory to the extensive security regulation framework within the EU and address some pertinent constitutional questions. Subsequently I will try to discuss the EU solidarity and mutual assistance clauses in the context of collective self-defense. The EU represents an interesting case study as the constant response to security concerns questions from border control and migration management to counterterrorism strategies means that the EU is currently very active in this area.