European Defense Fund could be breaching European treaties, legal opinion says

EurActiv ^ | Dec 14, 2018 | Alexandra Brzozowski

[Olog-hai]

The European Defense Fund (EDF) moved closer to becoming reality this week in Strasbourg when MEPs gave it the green light. However, some uncertainties persist as a legal expert opinion obtained by EurActiv suggests that establishing the fund could be violating EU law. […]

In the run-up to the vote in the plenary, however, the Left party in the Parliament commissioned a legal opinion to assess whether the EDF is compatible with European Union law.

According to Andreas Fischer-Lescano of the University of Bremen, who drafted the legal study, the Lisbon Treaty explicitly prohibits the financing of military or defense projects from the European Union’s common budget.

“This assessment applies irrespective of whether the predominant aim of the EDF is the promotion of defense capabilities or the strategic defense autonomy of the EU — as suggested by the EDF Regulation’s Explanatory Memorandum — or whether one assumes the aim stated in the Regulation of an integrated support of the industry and of RTD measures in the defense sector, or whether a combination of three predominant aims (fostering defense, industry and RTD) is used as a basis,” Lescano reasoned in the legal opinion. His reasoning has also been confirmed by two EU law experts contacted by EurActiv.

According to the Treaty on European Union (TEU), the EU budget cannot support military operations or the production of military capabilities. For this reason, the appropriate legal basis of the EDF is Article 173 and Article 182 of the Treaty on the Functioning of the European Union (TFEU). Research and development activities in the field of defense can be supported by community money. …

[captain_dave]

When has law ever constrained EUrocrats? The EU “leaders” want a military to control the people’s surging nationalism and to prevent countries leaving the EU.

[Olog-hai]

They break their own laws all the time. There are endless examples.

If Theresa May were in any way like Margaret Thatcher, she could have easily used that as a basis for rebus sic stantibus, thus making all of the EU treaties fall down. But instead, she played by the EUSSR’s rules and invoked Article 50 of the Treaty of Lisbon, giving the EUSSR all the power.

[oldasrocks]

Why wait? Just turn all of Europe over to Iran now. Avoid the Christmas rush. The muzzies will tear everything down so there will be plenty of construction projects to do later. They will kill off a large portion of the population thereby helping to control global warming.

[SunkenCiv]

According to Andreas Fischer-Lescano of the University of Bremen, who drafted the legal study, the Lisbon Treaty explicitly prohibits the financing of military or defense projects from the European Union’s common budget.

That's adorable.