The European Parliament has initiated legal action against the European Commission, seeking to halt the €150 billion SAFE loan scheme designed for rearming initiatives. This lawsuit comes despite interest from 18 member states in securing these loans.
The Parliament argues that the legal basis for the SAFE scheme, which was established under Article 122 TFEU—typically reserved for emergencies—undermines democratic legitimacy. “The use of Article 122 for SAFE as a legal basis was, in Parliament’s view, procedurally incorrect and simply unnecessary,” a Parliament spokesperson stated. This legal maneuver was employed by Commission President Ursula von der Leyen to expedite the process and bypass full parliamentary approval.
In a warning letter sent in May, Parliament President Roberta Metsola cautioned von der Leyen that the Commission could face legal repercussions. Von der Leyen defended the Commission's actions, claiming the emergency clause is justified given the “urgent and existential challenge” posed by current security needs.
For now, EU nations anticipating the loans are not immediately affected, as the Parliament's request to the Court includes provisions to maintain the regulation's effects until an alternative is established. This unfolding legal battle highlights ongoing tensions within EU governance structures as member states navigate complex security and funding challenges.

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