Edition: International | Greek
MENU

Home » Europe

Metsola to Commission: Change legal basis for €150bn defence fund or face EU court

Metsola has considered legal action against the Commission for invoking an emergency clause to bypass Parliament oversight.

By: EBR - Posted: Wednesday, May 7, 2025

But in April, the Parliament’s legal affairs committee backed a legal opinion rejecting the Commission’s approach. The Parliament’s legal service argued the legal basis was procedurally inappropriate, as the proposal fails to meet the threshold for emergency powers.
But in April, the Parliament’s legal affairs committee backed a legal opinion rejecting the Commission’s approach. The Parliament’s legal service argued the legal basis was procedurally inappropriate, as the proposal fails to meet the threshold for emergency powers.

by Nicoletta Ionta

STRASBOURG – European Parliament President Roberta Metsola warned the Commission that bypassing Parliament for the billion-euro joint procurement loans could trigger legal action at the EU’s top court.

In a letter seen by Euractiv, Metsola urged Commission President Ursula von der Leyen to reconsider the use of Article 122 of the EU Treaty to fast-track part of the Rearm EU plan.

The clause, normally used in emergencies, allows the Commission to push through any proposal, reducing Parliament’s negotiating time to the minimum.

In this case, the Security Action for Europe (SAFE) initiative was presented in March under Article 122, which would provide €150 billion in loans for joint procurement of EU-made defence equipment.

But in April, the Parliament’s legal affairs committee backed a legal opinion rejecting the Commission’s approach. The Parliament’s legal service argued the legal basis was procedurally inappropriate, as the proposal fails to meet the threshold for emergency powers.

Now, Metsola could escalate the matter to the European Court of Justice, filing a case on behalf of Parliament in line with the recommendation from the legal affairs committee.

In her letter to both EU Council President António Costa and von der Leyen, she warned that bypassing the standard process risks “undermining democratic legitimacy by weakening Parliament’s legislative and scrutiny functions.”

“If the Council adopts this Regulation using Article 122 TFEU as the legal basis,” Metsola warned, “Parliament will examine the act pursuant to Rule 155 of its Rules of Procedure,” the first step toward a case at the European Court of Justice.

It will then be up to the Court to rule on the institutional power struggle and determine whether the chosen legal basis is valid.

*first published in Euractiv.com

READ ALSO

EU Actually

The political damage is done, Merz needed an unprecedented second vote to become Chancellor

N. Peter KramerBy: N. Peter Kramer

Friedrich Merz was narrowly confirmed as chancellor of Germany in an unprecedented second vote that came after an embarrassing first round where he failed by 6 votes to win the mandate.

View 04/2021 2021 Digital edition

Magazine

Current Issue

04/2021 2021

View past issues
Subscribe
Advertise
Digital edition

Europe

Metsola to Commission: Change legal basis for €150bn defence fund or face EU court

Metsola to Commission: Change legal basis for €150bn defence fund or face EU court

Metsola has considered legal action against the Commission for invoking an emergency clause to bypass Parliament oversight.

Business

Why the best companies don’t just innovate – they reinvent how they manage

Why the best companies don’t just innovate – they reinvent how they manage

In 2005, Chinese home appliances giant Haier faced a defining moment

MARKET INDICES

Powered by Investing.com
All contents © Copyright EMG Strategic Consulting Ltd. 1997-2025. All Rights Reserved   |   Home Page  |   Disclaimer  |   Website by Theratron