Metsola Urges Change in Legal Basis for €150 Billion Defence Fund Amidst Potential Legal Challenges
European Parliament President warns of possible legal action against the Commission over the fast-tracking of the Rearm EU initiative.
Strasbourg – European Parliament President Roberta Metsola has issued a formal warning to the European Commission, suggesting that proceeding with a billion-euro joint procurement initiative without Parliament's involvement could lead to legal action at the EU's highest court.
In a letter addressed to Commission President Ursula von der Leyen, Metsola expressed concerns regarding the use of Article 122 of the EU Treaty for expediting aspects of the Rearm EU plan.
This provision is typically employed in emergency situations, allowing the Commission to advance proposals while minimizing Parliament's negotiation time.
The initiative, known as the Security Action for Europe (SAFE), was introduced in March under the aforementioned article with the aim of providing €150 billion in loans for the joint procurement of EU-manufactured defense equipment.
However, in April, the legal affairs committee of the Parliament endorsed a legal opinion that deemed the Commission's approach inappropriate, arguing that the proposal does not satisfy the criteria for invoking emergency powers.
Metsola is now positioned to escalate the issue to the European Court of Justice, initiating a case on behalf of Parliament in accordance with the committee’s recommendations.
In her correspondence to both EU Council President António Costa and von der Leyen, she articulated that bypassing the traditional legislative process risks compromising democratic legitimacy and diluting Parliament's legislative and oversight capabilities.
She emphasized that if the Council were to adopt the regulation using Article 122 TFEU as its legal foundation, Parliament would scrutinize the act under Rule 155 of its Rules of Procedure.
This would represent the preliminary step toward a potential legal challenge at the European Court of Justice, where the court would adjudicate on the ongoing institutional power dispute and rule on the validity of the legal basis employed by the Commission.
In a letter addressed to Commission President Ursula von der Leyen, Metsola expressed concerns regarding the use of Article 122 of the EU Treaty for expediting aspects of the Rearm EU plan.
This provision is typically employed in emergency situations, allowing the Commission to advance proposals while minimizing Parliament's negotiation time.
The initiative, known as the Security Action for Europe (SAFE), was introduced in March under the aforementioned article with the aim of providing €150 billion in loans for the joint procurement of EU-manufactured defense equipment.
However, in April, the legal affairs committee of the Parliament endorsed a legal opinion that deemed the Commission's approach inappropriate, arguing that the proposal does not satisfy the criteria for invoking emergency powers.
Metsola is now positioned to escalate the issue to the European Court of Justice, initiating a case on behalf of Parliament in accordance with the committee’s recommendations.
In her correspondence to both EU Council President António Costa and von der Leyen, she articulated that bypassing the traditional legislative process risks compromising democratic legitimacy and diluting Parliament's legislative and oversight capabilities.
She emphasized that if the Council were to adopt the regulation using Article 122 TFEU as its legal foundation, Parliament would scrutinize the act under Rule 155 of its Rules of Procedure.
This would represent the preliminary step toward a potential legal challenge at the European Court of Justice, where the court would adjudicate on the ongoing institutional power dispute and rule on the validity of the legal basis employed by the Commission.
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