Metsola to appeal against EU Council over fast-track procedure on European rearmament plan

Brussels – “This is a question of democratic legitimacy. We will examine all options, including, of course, recourse to the Court.” The President of the EU Parliament, Roberta Metsola, gives an initial indication of the decision she will have to take by 21 August regarding the exclusion of the Parliament from the legislative process for the adoption of the SAFE regulation, the 150 billion instrument for loans to member states for the defence industry.

The crux of the matter is the European Commission’s use of Article 122 TFEU, which allowed Ursula von der Leyen—by appealing to the urgency of the situation due to the Russian threat—to expedite the proposal’s processing and bypass parliamentary passage. But for Metsola—in line with the assessment of the legal committee (JURI) of the EU Parliament, which explicitly told her to act—”the use of Article 122 as a legal basis for SAFE was not necessary.” Not least because, as shown by the approval by a large majority of a resolution supporting the European rearmament plan, the Parliament “has nothing to say” about the content of the proposal. “On the contrary, we appreciate it,” said the EU leader.

“My task is to defend the European Parliament and all MEPs of all political persuasions,” Metsola continued, emphasising that the recommendation approved by the JURI committee was unanimous and therefore “reflects the sentiment of Parliament.”

The appeal to the EU Court of Justice will, however, eventually be initiated against the EU Council, and not against the Commission. This is because, from a legal perspective, the person responsible for the decision to utilise Article 122 is the Council, which ultimately adopted the regulation on 27 May.