Pregledni rad
https://doi.org/10.65243/s.9.2.3
Austrian Permanent Neutrality in the Legal Framework of the EU: A Normative-Legal Analysis from Accession in 1995 to Contemporary Security Crises
Marin Jašić
orcid.org/0009-0007-3933-8534
; Fakultet političkih znanosti Sveučilišta u Zagrebu
Sažetak
The paper examines how Austria’s membership in the EU from 1995 to 2025 has reshaped the constitutional and legal institution of permanent neutrality. Applying a normative-legal approach, it compares the key provisions of the Austrian Constitution with the primary and secondary law of the EU, particu- larly Article 42(7) of the TEU and Article 222 of the TFEU, as well as with the practice of the CSDP. The findings show that neutrality has retained its formal prohibitions on joining military alliances, hosting foreign troops and partic- ipating in combat operations, but has been functionally adapted to contem- porary security challenges through instruments of “constructive abstention”, logistical and humanitarian contributions and participation in PESCO and UN/EU peace missions. The Lisbon Treaty and the security crises in Kosovo (1999) and Ukraine (since 2022) have strengthened the practice of interpret-ing neutrality in accordance with EU law, whereby Vienna avoids automatic defence obligations but accepts political solidarity with the victim of aggression. The paper concludes that Austrian neutrality has evolved into a dynamic, EU law-conditioned concept whose effectiveness depends on a flexible interpreta- tion of the constitutional law and the continuous redefinition of national secu- rity interests.
Ključne riječi
Austria, neutrality, European Union, defence, law
Hrčak ID:
342330
URI
Datum izdavanja:
1.12.2025.
Posjeta: 962 *