The Solidarity Principle in the Context of the CFSP: The Adoption of Restrictive Measures as an Expression of Solidarity?

According to Article 24(2) TEU, the Common Foreign and Security Policy (CFSP) is based on the development of mutual political solidarity among Member States. In particular, the latter should support the Union’s external and security policy in a spirit of loyalty and mutual solidarity (Article 24(3) TEU). However, the said principle has not found many applications in this field so far and seems to be of uncertain substance. This chapter will focus on the application of the ‘solidarity clause’ of Article 24 TEU and will address a remarkable case, where solidarity was used by the Council of the EU for the first time as the basis of a CFSP decision establishing a sanctions regime towards Turkish nationals. This happened in the context of the crisis of the Eastern Mediterranean and Aegean Sea, which involved Cyprus, Greece and Turkey and reached its peak in the summer of 2020. As we shall see, the CFSP decision is a sui generis sanctioning measure not only for this reason, but also because it was adopted to protect the sovereign rights and jurisdiction of an EU Member State, Cyprus, which was the target of unauthorised and unlawful drilling activities on the continental shelf below its territorial waters and exclusive economic zone.