La solidarietà dell’art. 122 TFUE come base giuridica per il Regolamento SAFE nell’ambito di ReArm Europe/Readiness 2030: un eccessivo ricorso a una logica emergenziale?

Solidarity of art. 122 TFEU as Legal Basis for the SAFE Regulation within the Framework of ReArm Europe/Readiness 2030: An Excessive Reliance on an Emergency Rationale?

Abstract

This contribution focuses on Regulation (EU) 2025/1106 establishing the Security Action for Europe (SAFE) – proposed by the European Commission on 19 March 2025 and adopted by the Council on 27 May 2025 – and more specifically on one particular aspect of such instrument: the legal basis used for its adoption, namely art. 122 TFEU. The latter, in a spirit of solidarity, allows the Council to adopt – in emergency situations and under specific conditions – important economic policy measures, but entirely excludes the European Parliament from the procedure. Therefore, the paper will seek to assess whether the Commission’s decision to rely on this provision as the basis for the SAFE Regulation is sound or not. Subsequently, especially in the latter case, it will examine whether such use of this article represents an isolated case or is indicative of a specific trend, in particular with reference to the application of the principle of solidarity.

Keywords: Regulation (EU) 2025/1106; Security Action for Europe (SAFE); ReArm Europe/Readiness 2030; Art. 122 TFEU; Solidarity