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Boost or Backlash? EU Member States and the EU’s Latin America Policy in the Post-Lisbon Era

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Abstract

This chapter assesses the impact of the Lisbon Treaty on the EU’s relations with Latin America. In particular, it focuses on the interaction between the EU and three important Member States: Germany, Spain, and the UK. Given the importance of these three Member States within the EU in general and, especially in the case of Spain, in relations with Latin America in particular, they should be particularly instructive. This chapter assesses three dimensions of policy-making towards Latin America upon which the Lisbon Treaty might have an effect. The first is the ‘home’ dimension and concerns policy-making in the respective Foreign Ministries. Are Member States more constrained than previously in their relations with Latin America? Does the Lisbon Treaty provide an opportunity to ‘outsource’ aspects of policy to the EU? Or does it cause a ‘backlash’ effect, leading to greater national assertiveness? This should be particularly relevant for countries with weaker direct interests in Latin America. The ‘Brussels’ dimension refers to the interaction between domestic and EU policy. Does the Lisbon Treaty diminish the Member States’ opportunities to influence the EU’s policy towards the region? Are there substantial changes in the policy itself? This aspect should be especially relevant for Spain: can it maintain its traditionally strong influence at the EU level? Finally, the ‘Latin American’ dimension concerns European representation on the ground. What does the establishment of the EU’s External Action Service (EEAS) mean for Member States’ activities in Latin America itself? Does the EU take a more active role, and are the Member States concerned about this? Or do they rather see it as an opportunity to ‘outsource’ representation, especially in times of budgetary constraints? This might be particularly relevant to the UK, which has a relatively weak policy towards Latin America and might be able to use the EEAS to strengthen its profile or delegate responsibilities. By triangulating interview data with government and EU documents, I assess the push and pull factors the Lisbon Treaty exerts on Member States’ relations with the EU’s Latin American policy and on Member States’ own relations with the region. While relations with Latin America are just one example, they should also be instructive for links with other regions.

This research was carried out with generous support of the Mannheim Centre for European Social Research (MZES)

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Notes

  1. 1.

    Allen and Smith 2010, 209; Duke 2008, 13; Gardner and Eizenstat 2010. See also, in this volume, the contributions by Bendiek and Puetter.

  2. 2.

    The Caribbean is also considered in the context of the EU-Latin America and Caribbean (EU-LAC) process, and in the context of relations with Cuba.

  3. 3.

    Acosta 2009.

  4. 4.

    The definition of ‘institutions’ here is a rather broad one of institutions as the rules of the game shaping human interaction, as is the case in most institutionalist literature dealing with the EU. Jupille and Caporaso 1999, 429.

  5. 5.

    Interviews in Germany and Spain were conducted in German and Spanish, respectively. All translations are by the author.

  6. 6.

    Treaty on the Functioning of the European Union, Article 207 (1). The CCP and Investment provisions in the post-Lisbon era are discussed extensively in this volume in chapters by Wu and Dimopoulos.

  7. 7.

    Auswärtiges Amt (2010) Germany, Latin America and the Caribbean: A Strategy Paper by the German Government, Auswärtiges Amt, Berlin, 37.

  8. 8.

    Wouters et al. 2008, 170 et seq. It might be noted here that the Commission’s view is that the provisions on investment as included within the CCP mean that the EU now has exclusive competence. For further discussion, see Dimopoulos (this volume).

  9. 9.

    Treaty on the Functioning of the European Union, Article 207 (1).

  10. 10.

    Auswärtiges Amt (2010) Germany, Latin America and the Caribbean: A Strategy Paper by the German Government, Auswärtiges Amt, Berlin.

  11. 11.

    The guidelines were slightly amended in 2007, but not in the EU section.

  12. 12.

    Auswärtiges Amt (2007) Leitlinien für die deutsche Außenpolitik gegenüber Lateinamerika und der Karibik, Auswärtiges Amt, Berlin.

  13. 13.

    Maihold 2010.

  14. 14.

    Auswärtiges Amt (2010) Germany, Latin America and the Caribbean: A Strategy Paper by the German Government, Auswärtiges Amt, Berlin.

  15. 15.

    Bulmer and Paterson 2010, 1071.

  16. 16.

    Torreblanca 2010.

  17. 17.

    In fact, a protocol laying out the importance of Spain’s special relationship with Latin America had been annexed to the country's accession treaty to the European Communities. See: Treaty between the Member States of the European Communities concerning the Accession of the Kingdom of Spain and the Portuguese Republic to the European Economic Community and to the European Atomic Energy Agency Community: Joint Declaration of Intent on the Development and Intensification of Relations with the Countries of Latin America, L 302, Official Journal of the European Communities (1985), 479.

  18. 18.

    The workings of the Spanish Presidency and the immediate impact of the Treaty of Lisbon on the rotating Presidency are discussed in more detail by Morillas (this volume).

  19. 19.

    This idea will be further discussed in Sect. 13.2.3 on the ‘Latin American’ dimension.

  20. 20.

    Torreblanca 2010.

  21. 21.

    Hague 2010b.

  22. 22.

    Hague 2010b.

  23. 23.

    Foreign and Commonwealth Office (FCO) (2007) Latin America to 2020: a UK Public Strategy Paper, Foreign and Commonwealth Office, London, 19.

  24. 24.

    Gardner and Eizenstat 2010.

  25. 25.

    The European Union Act 2011 received Royal Assent––and therefore entered into effect––on 19 July 2011.

  26. 26.

    Treaty on the Functioning of the European Union, Declarations 13 and 14 concerning the Common Foreign and Security Policy.

  27. 27.

    House of Commons Foreign Affairs Committee (2008) Foreign Policy Aspects of the Lisbon Treaty: Third Report of Session 2007–2008. Report, together with formal minutes, oral and written evidence, The Stationary Office, London.

  28. 28.

    Hague 2010a.

  29. 29.

    This may give an indication of how seriously Brazil takes its ‘strategic partnership' with the EU, but this discussion is beyond the scope of this paper.

  30. 30.

    Treaty on the European Union, Article 21 (1); Treaty on the Functioning of the European Union, Articles 205, 207(1), and 208(1); see also Hillman and Kleimann 2010, 2.

  31. 31.

    Allen and Smith 2010, 207.

  32. 32.

    A similar point is made in relation to the EU’s neighbourhood by Dragneva and Wolczuk (this volume).

  33. 33.

    Gardner and Eizenstat 2010.

  34. 34.

    Treaty on the European Union, Article 15 (6); see also Wouters et al. 2008, 153.

  35. 35.

    Allen and Smith 2010, 207.

  36. 36.

    Gardner and Eizenstat 2010.

  37. 37.

    Spanish Presidency of the EU (2010) The Madrid Summit has been "a success" according to EU and Latin American leaders, Spanish Presidency of the EU, Madrid. www.eu2010.es/en/cumbre_ue-alc/noticias/may18_ue-alc_clausura.html. Last accessed 3 June 2011.

  38. 38.

    Duke 2008, 15.

  39. 39.

    Allen and Smith 2010, 208.

  40. 40.

    Torreblanca 2010.

  41. 41.

    Council of the European Union, Madrid Declaration: Towards a new stage in the bi-regional partnership—innovation and technology for sustainable development and social inclusion; Council of the European Union (2010b) Madrid Action Plan 2010–2012.

  42. 42.

    This agreement is particularly important as it is the EU’s first region-to-region agreement, thus giving its approach to foster regional integration through negotiating agreements with regional blocs a much-needed boost, especially after the breakdown of negotiations with the Andean Community (from which the bilateral agreements with Colombia and Peru emerged) and the difficult negotiations with Mercosur that stalled from 2004 to 2010.

  43. 43.

    However, it is worth mentioning that the previous High Representative, Javier Solana, did not develop a particularly high profile in the EU-LAC relationship either, despite his Spanish nationality.

  44. 44.

    These committees exist in connection with the cooperation agreements of the EU with these countries.

  45. 45.

    European Union (EU), 10th Joint Committee Mexico––European Union, 29 October 2010, Delegation of the European Union to Mexico, Mexico City; European Union (EU), VIII Comité de Asociación Chile-Unión Europea-Comunicado Conjunto, 25 de noviembre de 2010, Delegation of the European Union to Chile, Santiago de Chile. ec.europa.eu/delegations/chile/documents/press_corner/20101126_es.pdf. Last accessed 3 June 2011.

  46. 46.

    European External Action Service (EEAS), EU Delegations, European External Action Service, Brussels. http://eeas.europa.eu/delegations/index_en.htmhttp://eeas.europa.eu/delegations/index_en.htm. Last accessed 3 June 2011.

  47. 47.

    Duke 2008, 14.

  48. 48.

    Hillman and Kleimann 2010, 3.

  49. 49.

    Treaty on the Functioning of the European Union, Article 218(6) (a); see also Hillman and Kleimann 2010, 3.

  50. 50.

    On the ratification process of agreements involving trade and agricultural matters under the Treaty of Lisbon, see also Wouters et al. 2008, 180.

  51. 51.

    Hillman and Kleimann 2010.

  52. 52.

    Agreements with China have proliferated in recent years, and are generally free of political conditionality. They have thus become an attractive alternative for Latin American countries as trade with China has increased substantially.

  53. 53.

    Such difficulties were already perceived by del Arenal 2006, 311.

  54. 54.

    Common Position 96/697/CFSP of 2 December 1996 defined by the Council on the basis of Article J.2 of the Treaty on European Union, on Cuba.

  55. 55.

    Gratius 2010.

  56. 56.

    Although the first ever Country Strategy Paper for Cuba was adopted by the Commission in May 2010: European Commission (2010) Republic of Cuba–European Union Country Strategy Paper and National Indicative Programme for the period 2011–2013.

  57. 57.

    Then Spanish Foreign Minister Moratinos helped broker a deal on the release of 52 political prisoners.

  58. 58.

    Council of the European Union (2010) Press Release, 3041st Council meeting–Foreign Affairs, Luxembourg, 25 October 2010.

  59. 59.

    European External Action Service (EEAS), EU Delegations, European External Action Service, Brussels. eeas.europa.eu/delegations/index_en.htm. Last accessed 3 June 2011; Formuszewicz and Kumoch 2010, 30 et seq.

  60. 60.

    Allen and Smith 2010, 211.

  61. 61.

    Aside from a residual bilateral programme in Nicaragua and an ‘emerging markets’ programme in Brazil. See Department for International Development (2008) Working Partnership in Latin America, Department for International Development, London. www.dfid.gov.uk/pubs/files/english-latin-america-civil-society-launch.pdf. and Department for International Development (2009) Latin America Region, Department for International Development, London/Glasgow. www.dfid.gov.uk/Where-we-work/Latin-America--Caribbean/. Last accessed 3 June 2011.

  62. 62.

    Duke 2008, 17.

  63. 63.

    European External Action Service (EEAS) (2010b) High Representative Catherine Ashton appoints new Heads and Deputy Heads of EU Delegations under the 2010 rotation, European External Action Service, Brussels. www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/EN/foraff/116509.pdf. Last accessed 3 June 2011.

  64. 64.

    House of Commons Foreign Affairs Committee (2008) Foreign Policy Aspects of the Lisbon Treaty: Third Report of Session 2007–2008. Report, together with formal minutes, oral and written evidence, The Stationary Office, London, 67.

  65. 65.

    Council of the European Union, Council Decision of 26 July 2010 establishing the organisation and functioning of the European External Action Service, Official Journal of the European Union, Preamble (12).

  66. 66.

    Council of the European Union, Council Decision of 26 July 2010 establishing the organisation and functioning of the European External Action Service, Official Journal of the European Union, Article 6 (2).

  67. 67.

    Council of the European Union (2010e) Council Decision of 26 July 2010 establishing the organisation and functioning of the European External Action Service, Official Journal of the European Union, Preamble 10.

  68. 68.

    European External Action Service (EEAS) (2010a) EU Delegations, European External Action Service, Brussels. http://eeas.europa.eu/delegations/index_en.htm. Last accessed 3 June 2011; Formuszewicz and Kumoch 2010, 33 et seq.

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Trueb, B. (2011). Boost or Backlash? EU Member States and the EU’s Latin America Policy in the Post-Lisbon Era. In: Cardwell, P. (eds) EU External Relations Law and Policy in the Post-Lisbon Era. T.M.C. Asser Press. https://doi.org/10.1007/978-90-6704-823-1_13

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