1 From Commission to Union Delegations: a legal-institutionalist analysis Paper for the conference ‘European Union in International Affairs IV’, 22-24 May 2014, Brussels Hans Merket * 1. Introduction The passing reference in the Lisbon Treaty that “Union delegations in third countries and at international organisations shall represent the Union”, does not do credit to the major break with past practice that it causes. 1 Previously, external representation only occurred through delegations of a single EU institution, the European Commission. 2 For the first time in the history of European integration, the EU now disposes of quasi-embassies that represent, implement and defend the entire range of EU competences. These delegations, that constitute the EU’s eyes, ears and face on the ground, hold great potential. The Union’s global role indeed depends on the acceptance of and relations with third countries and international organisations, which are to a great extent made and developed in-country. In the most ambitious of terms High Representative Ashton professed, in one of her first media appearances since she took up the post, that these delegations should form “a network that is the pride of Europe and the envy of the rest of the world … It should offer our citizens added value to what their countries already do, and give our partners around the world a trusted and reliable ally on European issues”. 3 In this manner the bar was set high and, given their great potential, a lot is at stake to make these bodies work. In spite of all this, the creation of EU Delegations passed rather unnoticed in scholarly and public debate. All efforts and eyes were first put on erecting the new European External Action Service (EEAS) in Brussels, of which the EU Delegations form an integral part. Only recently, now that the EEAS is up and running for over three years, attention has started to shift to the field. This is mirrored in the greater focus on the Delegations in the 2013 Review of the EEAS by the High Representative. 4 In sharp contrast to the initial inter-institutional infighting and the fierce criticism on the nitty-gritty of the organisation and functioning of the EEAS, as well as its principal the High Representative, this gradually rising attention for the Delegations has not laid bare a similar jumble. Rather to the contrary, while it is generally agreed that a lot of work remains to be done, the EU Delegations are already being hailed as the “perhaps unintended” 5 but “most conspicuous” 6 success story of the new external action constellation. * Ph.D. Fellow of the Research Foundation - Flanders (FWO) at the Ghent European Law Institute (GELI - Jean Monnet Centre of Excellence). 1 Article 221 of the Treaty on the Functioning of the EU (hereafter: TFEU). 2 In addition there were two ‘EU liaison offices’ of the Council Secretariat in Geneva and New York. 3 C. Ashton, 'Quiet diplomacy will get our voice heard', The Times, 17 December 2009. 4 High Representative, EEAS Review, Brussels, July 2013, 19p. 5 R. Balfour, 'Revolution from the periphery', European Voice, 25.07.2013. 6 J. Wouters and B. Van Vooren, 'More clarity and cohesion required', ibid., 04.07.2013.