Joint action

This type of legally binding act is no longer used since the Treaty of Lisbon came into force December 2009. The joint action constituted an operational action by the member states within the framework of the common foreign and security policy. The joint action sets out the objective, means and duration of the operational action.

The joint action was replaced by the decision¹ in the Lisbon Treaty.

Area of application

A joint action was legally binding. Member states were allowed to take national action, but on the condition that the member state refrained from taking any course of action that would impede with an adopted joint action and the member state was to notify the Council in advance on any action taken that might touch upon a joint action. These safeguards were put in place to ensure a level of uniformity in the area of common foreign and security policy.

Whenever circumstances would change significantly a joint action would be subject to review.

The joint action was only used in common foreign and security policy. Between 1993 and 1999 it was also used in the area of justice and home affairs, before being replaced by other legal instruments.

Adopting joint actions

When the Lisbon Treaty came into force joint actions were replaced by decisions. These are decided upon by the Council of Ministers.

Technically, the joint action is obsolete since December first 2009. In its current incarnation it is based on the Treaty on European Union (TEU) and the Treaty on the functioning of the European Union (TfEU).

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  description: TEU title V chapter 2 section 1 art. 28
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  instrument (decision): part six TfEU title 1 chapter 2 section 1 art. 288

• 1. 

  A decision is legally binding act in its entirety. Unless explicitly stated otherwise, a decision is binding for the EU as a whole. Decisions can address specific legal entities, in which case a decision is binding only to them. In its current form the decision was introduced with the Lisbon Treaty that came into force December 2009. It replaces various legal instruments introduced by earlier Treaties.
   
• 2. 

  The European Union has a number of legal instruments to its disposal. These are used to make or coordinate policies, to take measures and initiate programme's, to facilitate the implementation of policies and to issue advice to member states. Legal instruments are divided into two categories, binding and non-binding instruments. Legal instruments specifically in place for implementing EU acts are binding, but have been put in a final, third section.