It did not sound modest, as the EU Commission announced this summer, to strengthen the EU's "strategic autonomy", as well as its ability to "protect and defend Europeans". And by the way, the Union should also get more weight on the international stage.
It should work with the European Defense Fund - but it has a problem: it is illegal. At least that means a legal opinion, which is available to the SPIEGEL.
In June, the EU Commission presented a draft regulation for the establishment of the EVF. Accordingly, 13 billion euros will flow into the pot in the years 2021 to 2027 - including for research projects and the development of new weapon systems, including the Euro drone, a next-generation fighter jet or a German-French main battle tank. In November, the EU member states voted in favor of the plan Member states largely agreed with the plan in November "in its general orientation".
But the fund does not just suffer from the fact that so far there are few concrete projects that it could finance. Now legal trouble threatens: According to an opinion written by the Bremen jurist Andreas Fischer-Lescano on behalf of the Left Party in the European Parliament, the Defense Fund violates EU law.
"Militarization of the EU on the rubble of law"
The Lisbon Treaty prohibits the financing of military or defense projects from the Community budget. Although the Commission is trying to circumvent the problem by making industry and research funding the main objectives of the fund, Fischer-Lescano said. But its main objective is clear, "to improve the defense capability".
Although the regulation for the Fund states that it is necessary to develop "key technologies in critical areas" in order to "secure technological leadership". However, the purpose of these measures is clearly stated by the Commission: "The EU needs to improve its strategic autonomy if it is to be prepared for the threats of tomorrow and to protect its citizens."
Even this formulation speaks volumes, so Fischer-Lescano. He sees in it the attempt of "militarization of the EU on the rubble of law". The Commission is trying to redefine the main purposes of the defense finding, "but not blurring the tracks carefully enough". It is to do with the attempt of an "open breach of law". Even the EU lawmaker Alexander Thiele sees the Commission proposal as a "qualified violation" against European law.
In court, the fund threatens the end
The two lawyers also agree that the Defense Fund construct could collapse at the latest before the European Court of Justice or the Federal Constitutional Court. And not only because military projects can not be financed from the EU budget. With its regulation, the Commission also unduly encroaches on the competencies of the Member States, including the right of the Bundestag to speak.
Of course, that is different with the Brussels authority. The regulation has been examined by the competent legal services and found to be legally compliant, it is said. German conservatives also support the defense fund. With him, a "long-overdue strengthening of European defense capabilities will be initiated," says the CSU politician Angelika Niebler. Taxpayers are guilty of "avoiding unnecessary multiple expenditures, running more cost-effectively and launching joint projects, such as drones".
The Left Party, on the other hand, sees itself confirmed in its criticism of the Defense Fund. "The report clearly shows what we have been denouncing for a long time," says Left MEP Sabine Lösing. "Article 41 of the EU Treaty prohibits the funding of defense and military and thus arms programs."
However, the Commission is arbitrarily applying the passage. Some projects would be funded with funds outside the EU budget. "However, if taxpayers are to massively subsidize arms companies in the development of killer robots and armed drones in the future, then the EU treaty will be demoted to" can determination ", says Lösing. If necessary, the Left Party will go to court against the Defense Fund.