Brussels clash: EU parliament takes Council to court over €150B military loans

The European Parliament has filed a lawsuit against the Council of the EU over the adoption of the SAFE defense program worth €150 billion without its involvement. In Brussels, this is already being described as a sign of a split between the Union’s institutions, according to the European Parliament’s press service in a comment to Euractiv.
The SAFE defense program (Support for Ammunition and Future Equipment) was adopted by the EU Council back in May through an extraordinary fast-track procedure based on Article 122 of the Treaty on the Functioning of the EU.
This article allows decisions to be made without extensive parliamentary debate in crises. As a result, the European Parliament was effectively excluded from the discussion, which provoked a strong reaction from its members.
Although the parliamentary body stated that it supports the idea and objectives of the SAFE program, it emphasized that the use of Article 122 was procedurally incorrect.
“The use of Article 122 for SAFE as a legal basis was, in Parliament’s view, procedurally incorrect and simply unnecessary. It undermines democratic legitimacy in the eyes of the public, and there is no Parliament in the world that would accept that,” the European Parliament commented to Euractiv.
In its lawsuit, the European Parliament is seeking recognition of the procedural violation but is not demanding the suspension of the program itself. Thus, SAFE will continue to operate until a final decision is made by the Court of the EU.
What is known about the SAFE program
The SAFE program is part of a broader strategy to strengthen the European Union’s defense capacity by 2030. It provides EU member states with €150 billion in concessional loans for investments in arms production, including for Ukraine’s needs.
According to media reports, demand for the loans already significantly exceeds the allocated budget: 18 EU countries have requested more than €150 billion. It is expected that funding issues, as well as the potential expansion of the program, will be discussed in upcoming talks between European Commission President Ursula von der Leyen and the member states.
In July, European Commission President Ursula von der Leyen called on EU countries to purchase weapons directly from Ukraine using SAFE loans, emphasizing that this is beneficial for Europe and critically important for Ukraine’s defense sector.