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Europe says it is ready to back EU membership for Ukraine
(www.euronews.com)
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this post was submitted on 25 Feb 2025
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So um... what happens if a EU country who is not in NATO gets invaded? 🤔
The EU defense clause gets triggered, which is basically a weak obligation to provide "assistance". It's not an automatic call to arms like NATO's A5.
I think it's generally agreed upon that Art. 42 (7) of the EU-Treaty is stronger than Art. 5.
EU: If a Member State is the victim of armed aggression on its territory, the other Member States shall have towards it an obligation of aid and assistance by all the means in their power, in accordance with Article 51 of the United Nations Charter. This shall not prejudice the specific character of the security and defence policy of certain Member States.
"an obligation of aid and assistance by all means in their power"
vs
NATO: The Parties agree that an armed attack against one or more of them in Europe or North America shall be considered an attack against them all and consequently they agree that, if such an armed attack occurs, each of them, in exercise of the right of individual or collective self-defence recognised by Article 51 of the Charter of the United Nations, will assist the Party or Parties so attacked by taking forthwith, individually and in concert with the other Parties, such action as it deems necessary, including the use of armed force, to restore and maintain the security of the North Atlantic area.
"as it deems necessary, including the use of armed force" means direct military support isn't a guarantee.
That's absolutely not the consensus. This is what the EU themselves say about article 42:
The problem is that through precedent we know that A5 invocations can (and almost certainly will) trigger military aid. With A42, you at best get "aid and assistance", which the EU notes is super vague. The "by all means in their power" is also very vague legally speaking. Suppose Russia invades Estonia, and Latvia says "intervening militarily would invite a Russian invasion of Latvia, so intervening is outside of our power". This consistent vagueness at every level of A42 makes it so it's generally assumed that A42 could very well be weaker than A5, even if the wording appears stronger. It's a political choice how to interpret A42, but with A5 the scopes are defined a bit more clearly, and there's far less wiggle room due to the collective action, rather than the individual actions EU member states would take.