Two letters—one from the European Parliament’s Legal Service and another from its President, Roberta Metsola—have shaken the €150 billion SAFE programme for European defence. EU Parliament rebukes Turkey’s involvement in EU defence. The EU Commission appears to be opening the back door to Turkey’s participation through non-transparent means.
Concerns over legality and democratic oversight
In her letter to the President of the SAFE programme—also copied to European Commission President Ursula von der Leyen—Metsola refers to a legal opinion issued by the Parliament’s Legal Service. The opinion contends that the procedure followed by the Commission to facilitate Turkey’s participation in the SAFE fund lacks a proper legal basis.
“The proposed legislative act is to be adopted without the appropriate legal basis and legislative procedure, thereby jeopardising democratic legitimacy and undermining the Parliament’s legislative and oversight functions,” Metsola warns in her letter.
Legal irregularities confirmed
SYRIZA MEP Nikos Farantouris confirmed the legal concerns in a statement to enikos.gr. He highlighted that the draft SAFE regulation, which was recently approved at a technical level in Brussels, includes a backdoor for Turkish involvement in the EU’s security and defence architecture, without the safeguard of a unanimous vote by all Member States.
“The regulation makes reference to ‘like-minded countries’, ‘partner countries’, and candidate countries for EU accession—including Turkey—who could participate without requiring unanimous approval. This circumvents the veto power of Greece and Cyprus,” Farantouris stated.
Legal services warn of commission overreach
Metsola cites the opinion of the Legal Service, which emphasises that the Commission’s approach is unlawful:
“Given that the Legal Affairs Committee has raised doubts about the appropriateness of the legal basis for the proposed regulation, the Commission must present its conclusions and justifications to Parliament,” the legal opinion says.
Greece may exercise a veto at the upcoming EU Meeting
The issue is expected to come to a head at the EU Foreign Ministers’ meeting on Tuesday, 27 May, where the potential for Greece to exercise its veto will be closely watched.
ND MP Angelos Syrigos commented: “The European Commission has invoked specific treaty articles to move forward with the SAFE directive. However, the European Parliament disagrees on the legal basis and has threatened to take the matter to the European Court of Justice if its role is not formally recognised.”
He added that, regardless of these developments, Greece retains the power to veto any agreement involving Turkey via the required consultation process between the EU and Ankara. Judging from the Greek Government’s recent past behaviour towards the aggressor Turkey, this may be more than a possibility.
A Broader Institutional Dispute
Farantouris further stressed:
“The regulation is proceeding on the wrong legal footing and excludes the European Parliament from the process. Given the Parliament’s recent damning report on Turkey, obtaining its consent would be extremely difficult.”
In response, and following pressure from parliamentary committees and MEPs, Metsola sent a personal letter to both Ursula von der Leyen and Poland’s Foreign Minister, who currently chairs the Council, accusing the Commission and the Council of bypassing the EU’s primary legislative body.
This escalation opens the door to legal action by the European Parliament at the Court of Justice of the European Union against both the Commission and the Council.
What Will Greece Do?
With tensions rising, the key question remains: Will Greece demand an explicit clarification in the draft SAFE regulation that unanimity is a prerequisite for third-country participation, particularly in the case of Turkey?
