Cyber operations and Article 42.7 of the Treaty on European Union
Cyber operations and Article 42.7 of the Treaty on European Union
Author(s): Ewa SuwaraSubject(s): Politics / Political Sciences, Politics, Law, Constitution, Jurisprudence, Security and defense, Military policy, EU-Legislation, Peace and Conflict Studies
Published by: Oficyna Wydawnicza AFM Uniwersytetu Andrzeja Frycza Modrzewskiego w Krakowie
Keywords: cyber-attack; cyber operations; armed aggression; armed attack; aid and assistance clause; Article 42(7) TEU; Article 51 of the UN Charter
Summary/Abstract: The threat posed by the occurrence of cyber-attacks constitutes a challenge to national security. Such attacks may target and disturb the daily functioning of any state. Faced with complex and diverse crises, the European Union (EU) has improved its response capacities over the last decades, introducing a so-called ‘aid and assistance clause’ into Article 42(7) of the Treaty on European Union (TEU) applicable in the case of armed aggression against an EU member state on its territory. The main objective of this publication is to examine potential conditions for the application of Article 42(7) TEU in response to cyber operations. The author argues that under certain conditions, the aid and assistance clause in Article 42(7) TEU may be invoked in response to certain cyber operations against an EU member state on its territory.
Journal: Krakowskie Studia Międzynarodowe
- Issue Year: XIX/2022
- Issue No: 1
- Page Range: 69-96
- Page Count: 28
- Language: English
