Rearming Europe Through Article 122 TFEU: ‘Defence Readiness’, Emergency Governance and Constitutional Change

Authors

  • Marzia Genovese University of Bologna

Abstract

The European Union’s turn towards ‘defence preparedness’ has acquired a new dimension with Readiness 2030 and the Security Action for Europe (SAFE) Regulation, which mobilises up to EUR 150 billion in Union-backed loans on the basis of Article 122(1) TFEU. This article argues that such developments extend beyond the progressive expansion of EU defence policy, reflecting a broader constitutional change whereby defence objectives are increasingly embedded within the Union’s economic, fiscal, financial and industrial governance. It critically examines the reliance on Article 122(1) TFEU, distinguishing its scope and legal character from Article 122(2), and considers whether SAFE can properly be characterised as a measure ‘appropriate to the economic situation’ or whether its aim and content point instead towards the Union’s industrial-policy competence under Article 173 TFEU. Particular attention is paid to the implications of this choice for the principle of conferral, institutional balance and democratic participation. Against the background of the pending action in Case C-560/25 (Parliament v Council), the article also considers the judicial review of SAFE and the constitutional limits of Article 122(1). Ultimately, it situates the controversy within a broader transformation of European integration, asking whether the growing centrality of ‘military preparedness’ and emergency-oriented governance is reshaping the nature and priorities of a Union historically and constitutionally committed to the promotion of peace.

Keywords: Article 122 TFEU, ReArm Europe, Readiness 2030, SAFE Regulation, EU defence policy, emergency governance, EU industrial policy, institutional balance, constitutional change.

 

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This work is licensed under the Creative Commons Attribution − Non-Commercial − No Derivatives 4.0 International License.

Suggested citation: M Genovese, ‘Rearming Europe Through Article 122 TFEU: “Defence Readiness”, Emergency Governance and Constitutional Change’ (2026) 22 CYELP (‘Online First’).

 

(Submitted 31 May 2025; revised 13 June 2026; accepted 8 September; published 22 September 2026)

Online First [CYELP]

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Published

2026-09-22

How to Cite

Genovese, M. (2026). Rearming Europe Through Article 122 TFEU: ‘Defence Readiness’, Emergency Governance and Constitutional Change. Croatian Yearbook of European Law and Policy, 22(CYELP). Retrieved from https://www.cyelp.com/index.php/cyelp/article/view/612

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Copyright (c) 2026 Marzia Genovese

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