The appeal to the EU Court of Justice against the Commission and the Council (Ministers) was announced today by Brussels by MEP and Member of the Security & Defense Committee, a professor. Nicolas Farantourisas he had announced in his statements on May 27.
In particular, the Committee on Legal Affairs held that the European Parliament must immediately initiate the legal procedure on the Safe Regulation in the Court of Justice of the European Union in violation of institutional balance and democratic legitimacy.
This decision comes in response to the way in which the Safe regulation was adopted -a € 150 billion financial tool to boost the defense industry in Europe, in which Turkey can also participate as a “OMONOUSA” country (EU integration country).
As Mr Farantouris points out, the Regulation was adopted without the “co -opinion” of the European Parliament as provided by European law (Lisbon Treaty, Coaches Procedure). The Commission and the Council had reasons for “urgent” reasons, but which is not the case, and which could have been satisfied with rapid European Parliament procedures.
The Greek MEP and Professor of European Law had publicly denounced the violation and announces the appeal. At the same wavelength and after the reactions, the President of the European Parliament Mrs Roberta Metsola had sent a letter to the President of the Commission, Ms. Ursula von der Layen, with the same content.
In today’s statements, MEP Nicolas Farantouris stressed:
“From the first moment I warned that the decision to bypass the European Parliament is an institutional slip. Colossal decisions can not be made – such as the Safe Regulation – without democratic legitimacy and parliamentary control. And certainly without the strict adherence to European law. The “emergency” invocation is pre -emptive and opens dangerous roads. Today’s decision to refer the case to the EU Court is our institutional response and justifies the objections I have raised from the first moment. “
It is noted that the Greek MEP had described the Safe regulation as a “double back door” for Turkey’s entry into European Security and Defense Institutions, a characterization used by National Defense Minister Nikos Dendias as “the regulation” as “the regulation”.
What is Safe Regulation
The Council Regulation (EU) 2025/1106 of May 27, 2025, to establish security in Europe (SAFE) has established a new financial tool “Safe” (Security Action for Europe), with a budget of 150 billion euros for the strengthening of European Defense Industry and Defense Industry Members. Safe is part of the wider “Readiness 2030” plan and aspires to form a European defense market with the participation of third countries, such as Turkey, in common supplies.
The Commission has chosen as a legal basis for Article 122 of the EU Treaty, which provides for decisions only by the Council in “emergency circumstances”. This article excluded the European Parliament from co -opinion, that is, the determination of how these huge funds are managed.
The “Principle of Sympatony” of the European Parliament
This is the legislative procedure for the approval of legislative acts by the European Parliament and the EU Council jointly, on the proposal of the European Commission. This procedure is adopted in Article 294 of the EU Treaty and is the usual EU law -making process.
With the Treaty of Maastricht and the establishment of the syndicated procedure, the parliament became a co -lawful, on equal terms with the Council, except in the cases provided for in the conditions where specific legislative procedures are applied.
The Treaty of Lisbon renamed the procedure for a normal legislative process and increased the number of policy areas in which this process is implemented, thereby enhancing the powers of Parliament. According to European Law Professor and Professor Nikola Farantouris, “Parliament’s bypass violates the treaty and Europe cannot build its defense at the expense of its principles.”