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    Research Note

    Squaring the Circle? Leadership and Legitimacy inEuropean Security and Defence Cooperation

    Bastian Giegericha and Eva GrossbaInternational Institute for Strategic Studies, 1315 Arundel Street, London WC2R 3DX, UK.

    E-mail: [email protected] of International Relations, London School of Economics, Houghton Street, London

    W2A 2AA, UK. E-mail: [email protected]

    This research note addresses the trade-offs between legitimacy and effectiveness inthe European Security and Defence Policy (ESDP). The contemporary securityenvironment creates a dual deficiency where neither individual states nor theEuropean Union (EU) can provide effective and legitimate solutions. Leadership isnecessary but has to be balanced with the norms of consensus and equality, deeplyengrained in EU foreign policy making. The increasing scope and ambition forESDP in an enlarged EU with 25 members exacerbate this fundamentalcontradiction. We present a number of internal and external adaptation pressures

    that lead to this situation and link them to wider conceptual debates about securitygovernance. Noting that the existing academic literature has not paid sufficient andsystematic attention to the associated dilemmas, we then outline a comprehensiveagenda for research that includes both empirical and conceptual matters worthexploring.International Politics (2006) 43, 500509. doi:10.1057/palgrave.ip.8800170

    Keywords: EU; security; European Security and Defence Policy (ESDP); foreignpolicy; security governance; legitimacy; multilateralism

    Introduction

    As the European Union (EU) grapples with a fundamental political crisis that

    peaked with the rejection of the Constitutional Treaty in the Dutch and French

    referenda of 2005, the problems of getting an ever larger political entity to act

    and transform at the same time have become more apparent. As a remedy,

    French interior minister, president of the conservative French party Union pour

    un Mouvement Populaire (UMP) and presidential hopeful Nicolas Sarkozy has

    thought aloud about a core of the six biggest EU members which would

    collectively propose major initiatives to the remaining states in the Union

    (Financial Times, 2005). Austrian chancellor Wolfgang Schu ssel used thecommencement of his countrys EU presidency in the first semester of 2006 to

    issue a stark warning against such a move (Financial Times 2006) European

    International Politics, 2006, 43, (500509)r 2006 Palgrave Macmillan Ltd 1384-5748/06 $30.00

    www.palgrave-journals.com/ip

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    questions of flexible integration. It is high time that the academic debate

    explores major issues related to this matter in the context of the enlarged EU.

    The European Security and Defence Policy (ESDP) in particular brings out the

    tensions inherent in these conflicting positions in stark contrasts and, serves as

    the starting point for our deliberations.

    In the realm of security and defence national governments can no longer

    provide effective solutions on their own a dilemma that has been magnified in

    the post 9/11 security environment. While this is true across the board, it poses

    a particular challenge for the EU and its member states. Having integrated

    further than any other grouping in the world, member states are nonetheless

    reluctant to move beyond intergovernmental cooperation in the area of

    security and defence, despite the recognition of the necessity to cooperate. The

    ESDP, created partly in response to the lessons learned from the want for

    effective cooperation during the 1990s, has been widely criticized for a

    persistent lack of political will on the part of the member states. A particular

    instance where this lack of political will is manifest in is the inability to align

    the EUs capacity for action with assertive rhetoric on the part of its member

    states.1 Despite the fact that political rhetoric and the creation of unrealistic

    expectations easily obscure the very real advancements that have been made in

    the institutional construction and practical application of ESDP instruments,

    the fundamental question on the nature of the obstacles to cooperation andeffective policy action remains.

    We argue that one of the major underlying problems lies in balancing

    simultaneous and conflicting demands for effectiveness and legitimacy in a

    changing international environment. The key question is, we suggest, whether

    and under which conditions ESDP can generate both? While this question is

    of mounting relevance in an increasingly demanding security environment

    coupled with an increasingly ambitious vision for the EUs foreign policy, it

    has to date not been given thorough scholarly attention.2 In the sections that

    follow, we further define these practical and conceptual problems and outline apossible research agenda to remedy the lack of understanding of the

    phenomenon and to provide an avenue for exploration of this issue. We focus

    on two interrelated conceptual issues surrounding legitimacy and security

    governance in a multilateral setting, and suggest that case studies focussing on

    ESDP stand to corroborate these conceptual problems empirically.

    Why is This Relevant?

    In essence, the core problem in matters of security and defence is a dualdeficiency: ineffective national solutions on the one hand and a non-existent

    supranational solution on the other This in itself might be sustainable if a

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    within ESDP relies on consensus and unanimity to provide this solution. Our

    argument is that escalating external and internal adaptation pressures make it

    increasingly unlikely that ESDP can be an effective policy instrument if

    everything has to happen in unison to the extent that consensus and

    unanimity has been conducive to swift and effective action to begin with, of

    course. As actorness becomes more difficult, ESDP effectiveness in turn is

    likely to suffer as a result.3 This is due to a number of external and internal

    pressures. While none of these are necessarily novel, their aggregation in a

    changing security environment along with internal changes within the EU is.

    Together with rising aspirations for ESDP they magnify the problem at hand.

    External and Internal Pressures

    Contemporary threats and risks to European security make cooperation ever

    more important and ever more difficult. Given the proliferation of relevant

    actors, the de-territorialized nature of most threats and the connectedness

    between them, individual governments are stretched beyond their means. While

    this speaks for increased cooperation, the current international environment

    also makes it likely that responses to external conditions diversify as well, in

    turn making cooperation increasingly difficult. Indeed, the unifying influence

    of terrorism or proliferation both normatively and militarily seems consider-ably weaker than that of the Soviet Army on the other side of the border. Some

    analysts have asserted that the end of the Cold War and 9/11 in particular have

    led to a crisis if not demise of the transatlantic security community (Cox, 2005),

    but it is as well by no means clear that this did not have a detrimental effect on

    European cohesion as well: disagreements over and the fallout from the war in

    Iraq starkly illustrated what happens when European leaders do not agree.

    Second, security and defence policy is an issue area that is usually seen as the

    last bastion of national sovereignty. As it is ultimately about the external use of

    armed force, this is understandable. But, putting concerns about sovereigntyaside, successful crisis management needs fast, coherent, and often secret

    deliberations. The bigger the group that is involved, the more difficult it

    becomes to achieve this.

    On the internal, EU, side there are three factors that exacerbate the problem.

    First, the Constitutional Treaty is dead in the water, at least for the medium

    term. This means that the envisioned clauses on increased flexibility in security

    and defence policy and CFSP more generally, will not be implemented. Second,

    the 2004 enlargement has magnified the differences in the security and defence

    capabilities of EU member states. With the exception of Poland, all newmembers are small states with very limited capacity to make a useful

    contribution to the EUs overall capability The group of those who can is

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    the development of ESDP up to date offers various examples in which small-

    group leadership mostly in the form of an Anglo-French-Germandirectoire

    was instrumental in moving the EU as a whole along and instil some substance

    into the debates. Resulting from this is the charge that ESDP risks becoming

    (or remaining, given that the debate on core and periphery within the EU,

    including CFSP, has been ongoing in various guises over the years4) the

    playing field of the great powers (defined in a European context). As will be

    explored below this also raises issues over taxation and representation: in other

    words, the extent to which countries with disproportionally small defence

    contributions can or do expect to have a say in how these capabilities should

    be used.

    At the internal/external nexus, lastly, lies a growing concern with the

    external dimension of the EU as a policy actor, the growing role and ambition

    of EU foreign policy, including a security and defence dimension. The

    European Security Strategy (ESS), even if it arguably constitutes more of

    a statement on the EUs global role and aspirations rather than a specific

    recipe for action, defines and as such widens the scope of the EUs potential

    global responsibilities and aspirations, including (military) crisis management

    (EU, 2003). The problem of leadership and legitimacy, therefore, stands to be

    exacerbated in this framework.

    Legitimacy and Security Governance the Conceptual Issues

    Is Consensus Dead? The Problem of Security Governance

    The mixture of internal and external pressures points towards a situation where

    the consensus norm on which cooperation in ESDP is built, along with the

    unanimity norm is under pressure. However, the direction this pressure is

    coming from is not the one that institutionalism predicted (Smith, 2004; 1998).

    Intergovernmental cooperation in security and defence is not about to evolveinto supranational integration despite increasing levels of institutionalization.

    Rather, the signals point the other way: we are moving away from government

    to governance. Fragmentation is usually interpreted to be one of the

    characteristics of governance, including the governance of security. This

    implies that a broader range of actors is involved in policy-making through a

    wider spectrum of institutional settings characterized by varying degrees of

    formalization (Krahmann, 2003; Webber and Croft, 2004).

    Consensus and unanimity provide legitimacy at the cost of reduced

    effectiveness. Heavy symbolism is involved in ESDP for two reasons. Thefirst is the core of sovereignty argument already mentioned. The other is that

    unanimity suggests equality among EU member states In security and defence

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    paraphrase a former US Senator, there are indeed EU member states that

    cannot fight their way out of a wet paper bag. However, there are others whose

    abilities are among the most advanced in the world. If the paper bag fighters

    decide what the others can and cannot do, one side of the argument goes,

    ESDP will always fall short of its aspirations. Input into policy decisions,

    accordingly, ought to be a function of a countrys contribution, either in terms

    of expertise, troops or money (Everts, 2000).

    Consensus without Legitimacy?

    Unanimity and equality provide legitimacy in the sense of input legitimacy. In

    crude terms, this means that the members of a polity participate in the decision-

    making. Transparency and democratic accountability in this reading are

    considered of value. Obviously, in Western democracies this participation is

    delegated to elected representatives. However, effectiveness can also be

    understood as legitimacy. This would be the idea that government should

    not only be by the people but also for the people. Hence, effectiveness can be

    interpreted to be output legitimacy (Scharpf, 1999): the ability of a policy to

    deliver increased levels of a certain public good such as security. This notion

    of output legitimacy differs from that of public support for ESDP and that of

    legitimacy as a democratic good (Wagner, 2005). Instead, it conceptualiseslegitimacy as a by-product of effectiveness: while the public is in general

    benevolent to the ESDP projects (with caveats, obviously, as hard choices such

    as the increase in defence budgets in order to strengthen ESDP do not receive

    much support), output legitimacy means that ESDP has to be an effective crisis

    management tool. Without tangible outputs, and reliable rules of engagement

    meaning, where is ESDP employed, what are its limits, and what is ESDP

    supposed to encompass output legitimacy cannot be guaranteed. We suggest

    to conceptualize output legitimacy in a broader framework: that of the value

    added of ESDP as a tool of European integration, and a European approach ofcrisis management. In contrast, input legitimacy can be judged to be of

    superior importance because the effectiveness on which output legitimacy rests

    could in principle also be achieved by despotic regimes, and goes against the

    normative core of the EU. Output legitimacy potentially undermines the very

    essence of political rule as understood among EU member states. From this

    perspective, unanimity and equality wins the day once the use of armed force

    for reasons other than self-defence is contemplated.

    We assert that the external and internal developments sketched previously

    present EU member governments with the following dilemma: in ESDP thebalance between input and output legitimacy or legitimacy in the classical

    sense and effectiveness needs to be renegotiated The key question is whether

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    automatically assumed that one has to be at the expense of the other, this may

    not necessarily be the case in practice. Might transparency, for instance, not be

    sufficient in solving the problem as long as member states are informed of

    key deliberations, and consensus for action derived from negotiation by a

    directoire of whatever form actively sought, be enough to ensure legitimacy

    while maintaining effectiveness? And is, if not initiating action then at least

    taking a position on certain policy issues and crises, not also expected of

    individual member states (this applies both to the big three Germany, Britain

    and France as well as member states with a particularly close interest in the

    policy problem at hand)? After all, an effective European crisis management

    instrument ought to be in the interest of all member states. While, as we have

    maintained before, this is a topic that has not yet received the necessary

    scholarly attention, too often the debate is reduced to arguments for and

    against a directoire without a deeper analysis of the trade-offs involved, or the

    conceptual/theoretical issues at hand. And, of course, it is worth exploring to

    what extent decision-making in ESDP can be termed democratically legitimate

    at present, both in terms of its formal and informal decision-making structures

    as well as the actors involved. This, then, constitutes the starting point for a

    research agenda that considers more closely the problem of small group

    decision-making when it comes to European security and defence.

    Mapping a Research Agenda

    In the following section, we outline a comprehensive research agenda to be

    explored in the near future. Key points of conceptual and empirical explorations

    evolve around several themes: the processes of policy-making in ESDP; who is

    taking the lead, why and how; and the potential consequences of this leadership

    for the broader process of European integration. Empirical crisis case studies

    should look at how issues of leadership were resolved, including the processes

    of bargaining and side-payments. Then, there are the debates and conflicts overlegitimacy, both in ESDP case studies as well as conceptual literature. Leadership

    style and agendas, and the question of transparency in policy making are also

    important issues that ought to be explored in the context of ESDP.

    More specifically, we suggest structuring a conceptual and empirical

    exploration along the following issue areas and research questions that result

    from them:

    (1) The role of directorates in the creation of ESDP as well as the planning

    and initiation of missions. Are directorates a threat to legitimacy and

    effectiveness? Or are they a prerequisite for effectiveness? To answer thesequestions, we need a much better understanding of the functions small-group

    leadership fulfils for the actors involved and the larger framework here the

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    reasonable to assume that form and function are somehow related. For

    example, a directorate that fulfils the function of ideational leadership and

    generator of conceptual innovation may exists as an informal and flexible

    grouping whereas a directorate that forms the core of crisis decision-making,

    may not. So far, much of the academic discussion on the pros and cons of

    directorates remains abstract. It is very rare to find work that actually examines

    the costs and benefits of small-group leadership in the EU, let alone ESDP, by

    means of a case study. We are confident that the development of ESDP to date

    provides several examples related to ESDP missions and major conceptual

    advancements that we now can begin to progress to this next stage.

    (2) The role of accountability and parliamentary input into ESDP: how can

    parliamentary oversight be organized and strengthened? Is there, perhaps, a

    robust trend towards post-parliamentary governance?5 Traditionally, the

    policy area of security and defence is characterized by comparatively low

    levels of parliamentary oversight and tends to be executive driven. The

    intergovernmental ESDP seems to amplify this dynamic. This has important

    implications for democratic legitimacy as work on the use of armed force in

    international frameworks suggests (Born and Ha nggi, 2005). At the same time,

    governance might imply that we have to adapt our analytical lenses and look

    at informal mechanisms, which enable parliaments to perform their functions,

    of course, also with a view to what extent this might adversely affect thedemocratic process. Still, it stands to reason that the multi-level system

    of European governance could find its equivalent in a multi-level system

    of parliamentary supervision. It seems promising to us to improve our

    understanding of how national parliaments, the European Parliament and

    interparliamentary assemblies interact and influence ESDP.

    (3) The role of epistemic communities and external sources of expertise: what

    is their role as it concerns decision-making in ESDP? Are these external sources

    adding transparency because of increasing participation or is decision-making

    actually becoming more opaque as a result of the involvement of actors such asexternal experts? What does their involvement mean for the EUs alleged

    democratic deficit that is also implied in the preceding section? It is crucial to

    assess how the participation of such, often transnational, actors influences

    decision-making and with what consequences. Epistemic communities should

    be treated as part of the emerging system of governance. ESDP, again,

    provides examples in which a community of experts and practitioners has been

    directly involved in the formulation of key documents such as the ESS. Aside

    from the already mentioned legitimacy issues, the extend of the impact of their

    contributions needs to be investigated, thereby making this matter a crucialcomponent of the larger issues involved in ESDP leadership and legitimacy.

    (4) There also needs to be a theoretical underpinning of such a study It has

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    including EU foreign policy: while arguments that IR and European Studies

    could engage in a fruitful conceptual dialogue have been made (Warleigh,

    2006), the EU is usually considered as a unique entity (Wallace, 1994) and

    therefore as sui generis. This applies particularly to EU foreign policy, as even

    intergovernmental decision-making rules of Pillar II activities where CFSP

    and ESDP are located are impacted by other actors (such as the Commission)

    as well as Europeanization processes on the part of the member states (Olsen,

    2002; Wong, 2005).

    It seems to us to be worth to not only incorporate ESDP in these conceptual

    debates, but to focus on matters of security and defence/ESDP exclusively in

    order to further explore the notions of input and output legitimacy. From

    there, scholars could move on to reflect on where this fits in with the broader

    conceptual literature of international and European security. ESDP seems to

    us to be the most dynamic area of European foreign policy at the moment.

    Hence, it is a good arena to contribute to the eclectic theory-building

    that leading scholars in the field of European foreign policy have called for

    (White 2004).

    (5) Lastly, empirical case studies on the lessons learnt from past ESDP

    missions ought to illustrate to what extent the ESDP has been and can expected

    to continue to be an effective actor in international politics and to provide a

    view on the future trajectory of institutional development and empiricalapplication. This includes not only the range of ESDP missions both in terms

    of their civil/military nature and empirical case studies of their geographical

    reach and broader issues of transatlantic/great power relations but also touches

    on the limits of ESDP: how far does the EUs role stretch geographically,

    where in terms of transatlantic tensions are the lines drawn, and what

    determines the institutional choice between NATO and ESDP? Is there

    evidence of a conflict avoidance strategy where ESDP missions are only

    suggested where there is no expectation of disagreement, or have individual

    member states successfully pushed the envelope on the nature, reach and scopeon ESDP? And, to what extent if any has this damaged legitimacy and

    effectiveness? This last section and its focus on empirical material drawn from

    actual ESDP missions would also usefully underline findings from the first four

    issue areas that we have pointed out. It is time to undertake such a

    comprehensive project sufficient critical mass has built in terms of ESDP

    missions and debates around the theoretical and empirical implications of both

    to invite a more coherent and comprehensive treatment in an academic context.

    Notes

    1 A di t Ch i t h Hill thi h lt d i th C biliti E t ti G (CEG)

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    For ESDP, this may be even more accurate, a suggestion that the experience of the EU

    throughout the 1990s corroborates (Howorth, 2005).

    2 Although there has been some exploration of democratic accountability, legitimacy, and theproblem of cores and peripheries in an academic and policy context even as it applies to the EU

    foreign and security policy (Pijpers, 2000; Wagner, 2005), the output has been sporadic and not

    necessarily focussed on security and defence. These issues have also been touched upon as part of

    the broader framework of integration and governance (Scharpf, 2005), either with a view on a

    specific policy area or democratic deficit, but have not made legitimacy nor effectiveness the

    starting point for exploration. Lastly, a crisis in democratic representation among member states

    has been suggested as one reason why the EU cant act in international politics, but this has not

    been attributed to democracy itself which is thought of as a potential asset rather than a liability

    in foreign policy making on account of the values of legitimacy and transparency (Zielonka,

    1998).

    3 The conceptual problem of what, if any, sort of actor the EU represents in world politicshas been explored with some results in the literature on EU foreign relations (Allen, 1998;

    Hill and Smith, 2005), but the term is used here to denote the capacity to act in ESDP, both

    in the decision-making and assembling of missions and institutional process, the influence

    of internal and external forces on this actorness, and the way ESDP is perceived by the

    outside world.

    4 See, for instance, Pijpers (ed.), On Cores and Coalitions in the European Union: The Position of

    Some Smaller Member States. Clingendael Institute, 2000; Dietrichs and Jopp (2003). Flexible

    Modes of Governance: Making CFSP and ESDP Work. International Spectator 3/2003: 1530.

    5 Post-parliamentarism questions that parliaments as mechanisms of political decision-making

    have much of a role to play in an increasingly globalized world, specifically not in the context of

    European integration. The main reasoning behind this position is that parliaments are based onterritorial representation created for the nation state and are, hence, unable to take decisions for

    highly complex societies that are linked through a growing network of supranational and sub-

    national ties (see: Andersen and Burns, 1996).

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