Eddy Wax and Nicoletta Ionta
May 9, 2025
Parliament is fed up of the Commission ruling by decree.
BRUSSELS – The European Parliament will sue EU governments after being frozen out of talks over a major defence proposal, according to top officials.
“We will take them to court,” a senior Parliament official said. “This is a matter of principle,” they added.
European Commission President Ursula von der Leyen unveiled an €800 billion defence package in March, which included a proposal to raise €150 billion in loans to bolster weapons procurement among EU countries, called SAFE.
But von der Leyen invoked an emergency clause in the EU treaty that circumvents the European Parliament, meaning only the Council – composed of national governments – will be able to amend and approve it, freezing out MEPs.
Earlier this week, European Parliament President Roberta Metsola threatened legal action at the Court of Justice of the European Union, asking the Commission to “reconsider” the legal basis of the act.
Now, Parliament officials say they are going ahead. “We will do it and there’s nothing that unites the Parliament more than something like this,” said a second top official.
The Commission will send a letter to the Parliament justifying its action, chief spokesperson Paula Pinho said this week.
It is far from the first time that von der Leyen – Commission president since 2019 – has invoked this emergency clause to fast-track legislation.
The Commission has used this executive order to pass speedy laws relating to the joint purchasing of vaccines and an energy crisis triggered by Russia’s war in Ukraine.
“Sometimes it was not completely justified but this time it is completely unjustified, and also not very smart,” the first official said.
“It will not impact the end result but it will give guidance to the Commission for future proposals,” said the second official.
Parliament has roughly two months to file its challenge after the Council adopts the SAFE proposal. The EU’s top court could rule within two years.
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