Joint position (JHA/CFSP)

This type of legally binding act is no longer used since the Treaty of Lisbon came into force December 2009. BY means of the joint position the member states of the EU set out a policy guideline on a specific topic in either justice and home affairs or the common foreign and security policy areas.

The joint position (JHA/CFSP) was replaced by the decision¹ in the Lisbon Treaty.

Area of application

A joint position was legally binding. Member states were allowed to take national action or issue national policy as long as they do not digress from the policy guideline. A member state had to notify the Council when they plannend to issue policy on matters the EU had issued a joint position.

The joint position is only in use for the common foreign and security policy. Treaty changes prior to the Lisbon Treaty had replaced the joint position in justice and home affairs by a different legal instrument.

Adopting joint positions (JHA/CFSP)

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

Technically, the joint position is obsolete since December first 2009.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. 25, 26
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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.