Article by Annalisa Cangemi – Journalist, Fanpage.it

The European Commission is forging ahead, despite the Juri Committee's unanimous rejection of the legal process required to approve the European rearmament plan. Ursula von der Leyen has no intention of backtracking and changing the legal basis of the measure.

The European Parliament's Legal Affairs Committee had challenged the decision to bypass Parliament in the legislative process, bypassing the vote of MEPs, by resorting to the emergency procedure provided for by Article 122 of the TFEU, to more quickly pass the €800 billion ReArm EU plan, promoted by Ursula von der Leyen. The European Parliament, in particular, would have no say in the proposed Council regulation establishing the SAFE instrument, which would provide member states with up to €150 billion in loans guaranteed by the EU budget to increase defense spending.

Yesterday, the Juri Commission approved a legal opinion rejecting the use of Article 122, as "it is not an appropriate legal basis for this proposal." The opinion, however, concerns a procedural issue and is not binding.

Parliament President Roberta Metsola now has two options: she can appeal to the Court of Justice of the European Union on behalf of Parliament, reiterating the opinion of the competent committee. Or she can request a vote by the European Parliament in plenary session to confirm or reject the Juri Committee's assessment.

EU Commission: "We are at risk; urgent action is necessary."

This morning, the EU executive, through its spokesperson, Thomas Regnier, said it would not comment at this time on the European Parliament's Juri Committee's vote against the decision to use the emergency procedure provided for by Article 122 of the TFEU on the rearmament plan: "We will not comment at this time, but I would like to say, more generally, that today we are facing a risk to our security, which is quite real, and that is why the Commission has proposed this new instrument, which will allow Member States to jointly purchase defense goods."

"It is based on Article 122, and I would like to remind you that, in our political guidelines, the President states that Article 122 should only be used in exceptional circumstances, such as those we are experiencing now," he emphasized. "During her previous mandate, Article 122 was also activated in exceptional circumstances, for example due to Covid or when gas prices were high, and therefore the Commission is well aware of this proposal. It is up to the Member States to approve it, and the Commission has always been willing to explain its position to Parliament, and we will do so for other institutions as well."

Five Star Movement attacks: "A slap in the face to the European Parliament."

The Five Star Movement (M5S), which is part of The Left group in the European Parliament, has called for the legal opinion of the Juri Committee to be made public: "The European Parliament must react to the European Commission's slap in the face regarding the approval procedure for the European recovery plan. We call on the Chairman of the European Parliament's Legal Affairs Committee, Bulgarian Ilhan Kyuchyuk, to make public the legal opinion of the legal services, which unequivocally rejects the use of Article 122 of the Treaty, which prevents MEPs from amending and voting on the rearmament plan. Enough with the secrets! Citizens have the right to read this document, currently inexplicably classified, and form their own opinion. We are confident they will be on our side," read Mario Furore, MEP for the Five Star Movement, in a statement.

The Five Star Movement has therefore asked the Conference of Presidents of the European Parliament to schedule a debate with a resolution, for the next May plenary session in Strasbourg, starting on May 5, on the use of Article 122 of the Treaty on the Functioning of the EU for the SAFE Regulation.

The regulation in question allows the Commission to lend up to €150 billion to member states for defense spending. According to the Five Star Movement (M5S), the European Commission's decision to ignore the unanimous vote of the European Parliament's Legal Affairs Committee against the emergency procedure for the rearmament plan is a further serious affront to democracy. "However, hiding behind the words of a spokesperson isn't enough; the Commission must stand up for it," the Five Star Movement delegation wrote in a statement.

"Ursula von der Leyen should come to the Chamber to justify why she wants to silence the entire Parliament and prevent a vote. We therefore appeal to all political groups to assert the rights of the European Parliament: we want a public debate on rearmament. It's not just a question of method, but also of substance, because the vast majority of citizens are against it," the Five Star Movement continues. "With her arrogance, Ursula von der Leyen is provoking a dangerous clash between European institutions, which risks descending into chaos. She will regret it."

Written by

Shape the conversation

Do you have anything to add to this story? Any ideas for interviews or angles we should explore? Let us know if you’d like to write a follow-up, a counterpoint, or share a similar story.