The external action paradox of the Lisbon treaty: reconciling integration with delimitation

Ever since its creation the CFSP constituted a deliberately separate category of EU cooperation. The Lisbon Treaty largely undoes this and takes a significant leap towards integrating the CFSP and former Community elements in a streamlined external action system. It abolishes the pillar structure, accords a single legal personality to the Union and puts in place a common external action framework governed by a single set of principles and objectives. Yet, at the same time the CFSP remains overtly separate from the other external competences and is still governed by specific rules and procedures. This concurrent emphasis on integration and delimitation places the Union for a genuine paradox that may put the accountability of the Lisbon Treaty’s institutional novelties significantly to the test and force the EU judiciary as well as policy-makers to look for creative ways of adjudicating on and conducting external policy