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It shall be deÞned and implemented by the European Council and the
Council acting unanimously, except where the Treaties provide other-
wise. The adoption of legislative acts shall be excluded. In Article 25 it is
deÞned that the EU conducts the common foreign and security policy by:
(a) deÞning the general guidelines;
(b) adopting decisions deÞning:
(i) actions to be undertaken by the Union;
(ii) positions to be taken by the Union;
(iii) arrangements for the implementation of the decisions referred
to in points (i) and (ii); and by
(c) strengthening systematic cooperation between Member States in
the conduct of policy.
Here it is important to emphasize that in accordance with the provi-
sions of the Treaty regulating Common Foreign and Security policy
the Council may adopt restrictive measures against natural or legal
persons and groups or non-State entities, acting by a qualiÞed majority
on a joint proposal from the High Representative of the Union for For-
eign Affairs and Security Policy and the Commission. It shall inform
the European Parliament thereof.
In the area of criminal justice (Ex Third pillar) the Lisbon Treaty abol-
ished certain legal instruments (e.g. framework decisions) and the EU
can now enact directives and regulations in this area. Nevertheless, the
continued basis for framework decisions is set out in transitional pro-
visions of the Lisbon Treaty. Article 9 of the Protocol on Transitional
Provisions provides that the legal effects of the acts of the institutions,
bodies, ofÞces and agencies of the Union adopted on the basis of the
Treaty on European Union prior to the entry into force of the Treaty
of Lisbon shall be preserved until those acts are repealed, annulled or
amended in implementation of the Treaties.
Framework decisions were similar to directives in that they required
Member States to achieve particular results without dictating the
means of achieving that result. They are gradually replaced by direc-
tives. However unlike directives, framework decisions were not capa-
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