Polish MEP Michał Dworczyk (ECR) has raised concerns that the EU's rule of law conditionality mechanism could be used to exert political pressure on member states in the security and defence domain, questioning its application under the new SAFE instrument. In a written parliamentary question submitted on 7 April 2026, Dworczyk argues that the mechanism, which has previously been used to withhold EU funds from Poland and Hungary, should be explicitly excluded from defence spending to avoid politicisation.
The question targets the interplay between the SAFE Regulation (EU 2025/1106) and Regulation 2020/2092 on a general regime of conditionality for the protection of the Union budget. Dworczyk notes that while the SAFE Regulation's recital 35 references the rule of law conditionality, Article 12 on payments only mentions 'fulfilment of the conditions set out in this Regulation' without clear scope. He asks whether the Commission could suspend payments under SAFE based on alleged rule of law breaches, at what stage such assessment would occur, and whether operational agreements could impose additional conditions linked to Regulation 2020/2092.
Concrete asks and policy orientation The MEP's three questions seek clarity on the limits of Commission discretion, specifically whether the conditionality mechanism can be applied to defence funds. This reflects a broader cleavage between EU integration (rule of law enforcement) and national sovereignty, as well as security vs. political conditionality. Dworczyk's framing suggests he views the mechanism as a political tool rather than a legal safeguard, and he implies that defence should be exempt from such oversight.
Expected follow-up The Commission is required to respond within approximately six weeks. Its answer will signal whether it intends to apply rule of law conditionality to SAFE payments, potentially affecting member states' access to defence funds and the broader debate on EU values versus national discretion.
← Atlas › News › Justice & Citizenship