European defence integration after Trump's re‐election: A proposal to revive the European Defense Community Treaty and its legal feasibility

Abstract Donald Trump's re‐election as President of the United States and Russia's aggression of Ukraine pose unprecedented challenges to transatlantic relations and European security. The EU as it is is unprepared to take care of its defence. This article explores how the law can be activated creatively to achieve defence integration in Europe and proposes to revive the 1952 European Defence Community (EDC) Treaty. Specifically, the article claims that, in strictly legal terms, the EDC can be brought into operation today—simply with the ratification by two states: France and Italy—and provides comprehensive arguments from public international law, comparative law and domestic constitutional law to make the point. Needless to say, legal feasibility does not equate with political feasibility, and the article mentions several of the obstacles and challenges along this path. Yet, shedding light the EDC has two advantages. On the one hand, the article emphasises how the EDC—with a common army, funded by a common budget and governed by supranational institutions—constituted an articulated response to the problem of securing European security. On the other hand, it identifies a differentiated path to achieve greater European defence integration.