According to the Charter of the United Nations the Membership in the Organization, “is open to all peace-loving States …”. But, in 1974 the European Community was granted an observer status at the UN General Assembly. It has no voting rights nevertheless it is the only non-State participant to several UN multilateral agreements and conventions. The EU has been represented at the UN by the Member State holding the rotating Presidency. The European Commission has also been representing the European Community in matters of its competence.
It is important to recall that the Lisbon Treaty has abolished the Maastricht Treaty pillar structure and conferred the Union with legal personality, making the EU an international actor in its own right. The European Community already signs up to international agreements but this power has now been extended to the all Union. The Union can conclude treaties, has a right to submit claims or to act before an international court, and to become a member of an international organization. From 1 December 2009, the EU has assumed all rights and obligations of the European Community, as well as its status within the United Nations. Moreover, the European Commission delegation to the UN has become an EU delegation.
The EU member states have given up a substantial portion of their sovereignty so that the EU could speak with one voice at the international stage. The Union is now represented by Ms Ashton, the High Representative of the European Union for Foreign Affairs and Security Policy, for matters relating to the common foreign and security policy, together with Herman Van Rompuy, the first full-time President of the European Council, on issues other than CFSP, the external representation of the Union, is ensured by the Commission. However, it is still far from clear how the powers of the High Representative, the European Council President and the President of the European Commission will be balanced.
As above-mentioned, the EU has an observer status in the EU, consequently it has no voting and speaking rights. Obviously, only UN member states have the right to speak at the general assembly meetings. The EU has been represented by the Member State holding the rotating Presidency of the Council of the European Union. However, under the Lisbon Treaty the EU Presidency has no longer a role in the Union's external relations. Brussels wants, therefore, the EU to be represented at the UN General Assembly by Catherine Ashton, Jose Manuel Baroso or Herman Van Rompuy. Nevertheless, the Member State holding the rotating Presidency of the Council, presently Belgium, will speak on behalf of the EU at the UN General Assembly for a while.
Brussels has been seeking to upgrade the EU status at the UN since the Lisbon Treaty entered into force. However, it seems that Ms Ashton and Mr Van Rompuy might have to wait till next year to seat among the UN member states and to address the UN General Assembly as a head of state.
The EU has tabled a resolution in the UN General Assembly which, if would have been approved, it would have given the union “the right to speak in a timely manner, as is the established practice for representatives of major groups, the right of reply, the right to circulate documents, the right to make proposals and submit amendments, the right to raise points of order; and seating arrangements which are adequate for the exercise of these rights." The resolution would have allowed, therefore, the EU to be represented at the UN by its top officials who could be the head of its delegation to the UN, the High Representative for Foreign Affairs and Security Policy, the European Commission President or President of the European Council.
However, the UN member states have not passed yet the resolution. Yesterday, the General Assembly decided to postpone a vote on the EU “enhanced observer status” draft resolution. This came as a blow to Brussels who was not expecting such defeat. In fact, Brussels was 100% sure that the European Council President, Herman Van Rompuy, would be able to address the annual General Assembly gathering of international leaders in New York next week.
The Caribbean group CARICOM put forward a motion calling on the assembly to delay considering the EU’s resolution. It was backed by 76 countries, 71 were against it whilst 26 countries abstaining. Henry Mac-Donald, Suriname Ambassador, said, "We submit that the draft text before us has not yet had the benefit of full consultations … We feel that the proposal would alter the working methods of the (U.N.) organisation and the interaction among member states."
Obviously, other regional organisations such as ASEAN, the African Union, the Arab League consider granting the EU an enhanced status unfair as they would not be granted the same privileges.
According to Euractiv a spokesman for Ms Ashton sought to play down the defeat by saying "… This is a deferral, (…) UN member states have spoken and asked for more time to consider our proposal. We accept this and will now work with the membership of the UN to find a common position as soon as possible."
