Analiză comparativă a clauzei asistenței mutuale și a apărării colective
A Comparative Analysis of Mutual Defence and Collective Defence Clauses

Summary/Abstract: The present paper constitutes a comparative analysis of Article 42(7) of Treaty of Lisbon (mutual defence clause) and of Article 5 of the North-Atlantic Treaty (common defence), from the perspective of the consequences their invocation triggers. It approaches the implications entailed by the above mentioned articles concerning the type of measures they can determine, taking into account the nature of the organisations within which they were designed, the decision-making procedure, the operational planning and the use of force. The present demarche was motivated by the necessity of identifying the possible repercussions of France’s invocation of mutual defence clause in the context of the terrorist attacks of November, 13th, 2015. The hypothesis of this study is that the respective articles are substantially different as far as their force and effects are concerned, the gap between them emerging from the nature of the organisations having developed and adopted them, from the institutional framework characteristic to NATO and EU, from the decision-making process, from the available forces, as well as from the significance of the security concepts they enshrine.

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