Powered by OpenAIRE graph
Found an issue? Give us feedback
image/svg+xml art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos Open Access logo, converted into svg, designed by PLoS. This version with transparent background. http://commons.wikimedia.org/wiki/File:Open_Access_logo_PLoS_white.svg art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos http://www.plos.org/ ZENODOarrow_drop_down
image/svg+xml art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos Open Access logo, converted into svg, designed by PLoS. This version with transparent background. http://commons.wikimedia.org/wiki/File:Open_Access_logo_PLoS_white.svg art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos http://www.plos.org/
ZENODO
Other literature type . 2025
License: CC BY
Data sources: ZENODO
ZENODO
Research . 2025
License: CC BY
Data sources: Datacite
ZENODO
Research . 2025
License: CC BY
Data sources: Datacite
versions View all 2 versions
addClaim

The EU's Mutual Defence Clause: Legal and Strategic Considerations on Article 42(7) TEU in an Age of Renewed Military Threats

Authors: Fazio, Federica;

The EU's Mutual Defence Clause: Legal and Strategic Considerations on Article 42(7) TEU in an Age of Renewed Military Threats

Abstract

EU institutions have expanded their involvement in defence since 2016, prompted by Brexit and Donald Trump’s first presidential victory. This trend has become even more pronounced since the 2022 Russian invasion of Ukraine. NATO remains central to Europe’s territorial defence, as evidenced by Finland and Sweden’s accession, yet there also exists a legal basis for the EU to play a role. Article 42(7) of the Treaty on European Union (TEU) obliges Member States to assist each other in the event of armed aggression, echoing Article 5 of the North Atlantic Treaty (NAT). This provision has received limited attention from legal scholars. With the war in Ukraine intensifying, concerns over Trump undermining Article 5 NAT and rising risks of military and hybrid attacks on Europe, it is crucial to understand how the EU’s mutual defence clause would be implemented. This includes its interplay with the EU’s solidarity clause in Article 222 of the Treaty on the Functioning of the EU (TFEU) and NATO’s own mutual defence clause. To this end, this article undertakes a legal and strategic analysis of Article 42(7) TEU. Following an introduction that outlines the topic and methodology, Section 1 offers a legal perspective, while Section 2 a strategic perspective. Section 3 concludes that, while significant progress has been made, the EU is not yet in a position to credibly threaten the use of force in the exercise of collective defence.

Related Organizations
  • BIP!
    Impact byBIP!
    selected citations
    These citations are derived from selected sources.
    This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    0
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Average
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    Average
    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
    Average
Powered by OpenAIRE graph
Found an issue? Give us feedback
selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
Green