The Treaty on European Union’s Mutual Defence Clause: Analysis and Future Perspectives

The Treaty on European Union’s Mutual Defence  Clause: Analysis and Future Perspectives

Emanuele Agosti

The principle that an attack on one is an attack on all is not, as the common debate suggests, an exclusively Nato principle. Rather, it is a duty contained in all mutual defence clauses, implemented through various legal obligations and procedures. This paper examines Article 42(7) TEU, a provision of particular interest due to its potential role in shaping the evolving European security architecture. Notably, it features an unusually broad casus foederis, operates on a horizontal, reciprocal, and intergovernmental basis, and shares an overlapping scope with two other mutual assistance clauses - Article 222 TFEU and Article 5 of the North Atlantic Treaty. The interactions among these provisions are analysed from multiple perspectives. The paper also draws from past experiences and explores realms of future applicability.

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ISSN: 2036-5438
Centro Studi Federalismo

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