European Defence, SAFE mechanism sparks controversy: misuse of article 122 TFEU?

The SAFE mechanism (Supporting Ammunition and Firearms for Europe), proposed by the European Commission to boost investment in the EU defence industry, has come under political and legal fire. Greek MEP Nikolaos Anadiotis (Non-Inscrits) has raised concerns over the legal basis used for the initiative: Article 122 of the Treaty on the Functioning of the European Union (TFEU).

According to Anadiotis, invoking this provision—originally intended for economic crises or natural disasters—amounts to a circumvention of the European Parliament’s role and the sovereign prerogatives of Member States in matters of foreign and security policy.

The SAFE mechanism allows the EU to fund defence-related projects, in principle even permitting participation from third countries that do not recognize one or more EU Member States. However, it is the procedure used that has sparked the most criticism: Article 122 enables swift action in exceptional circumstances, but was not designed for military or security decisions, which traditionally require Council unanimity and co-decision with the Parliament.

Anadiotis’s accusation is blunt: “The Commission,” he claims, “has bypassed both the rule of unanimity in the Council and the institutional balance that guarantees the Parliament’s oversight role. This is not just a technical violation, but a political breach of the EU’s democratic process“.

In his parliamentary question, Anadiotis also challenges the legitimacy of using Article 122 in a defence context, questions the actual involvement of the Parliament, and calls for a review of the procedure to ensure full compliance with the treaties—particularly Articles 13, 14, and 36 of the Treaty on European Union.

Photo: Nato.int