|Opis:||This diploma thesis deals with the solidarity clause, introduced by Artice 222 of the Treaty on the Functioning of the European Union, and military assistance as one of the possible ways in which a member state of the European Union can fulfill its solidarity obligation towards a fellow member state.
The solidarity clause is a novelty, which was brought by the Lisbon Treaty and can be activated by a member state in case of a terrorist attack, a natural disaster or a man-made disaster on its territory. In this case help is provided on the EU and the national level. Military assistance can be provided in the form of funds, military training, military equipment or leadership, when a state uses its miliaty assets to cope with the crisis.
In addition to assistance that is provided by individual member states, all existing mechanisms of the European Union are activated as well – EU Internal Security Strategy, EU Civil Protection Mechanism, the decision on serious cross-border threats to health, and structures within the Common Security and Defence Policy. Assistance is provided at the request of the state's political authorities, while member states coordinate between themselves in the Council. Throughout the entire procedure Emergency Response Coordination Centre and the integrated political crisis response arrangements have the leading role.
In some crisis situations certain other mechanisms can be activated as well, for example the mutual defence clause, which is a part of the Common Security and Defence Policy, and, on more of a global level, Article 5 of the North Atlantic Treaty. Both can be used in case of an armed aggresion against a EU or NATO member state.
Considering the mechanisms that can be used instead of the solidarity clause, the provision of the Article 222 of the TFEU might seem unnecessary. However, upon an more elaborated analysis it can be concluded that the possible activation on the solidarity clause might cover a wider spectrum of crisis situations and therefore, in practice, provide more adequate and useful solutions. When faced with a crisis, member states can freely choose how to cope with the situations, both on the EU and the national level.|