European Peace Facility e fornitura di armi all'Ucraina: l'Unione europea tra pace e guerra

The article examines the EU Council’s decisions that financed the provision of weapons conceived for the lethal use of force to Ukraine, in the aftermath of the military aggression perpetrated by the Russian Federation on February 24th, 2022. The instrument that was used, the European Peace Facility, or EPF, was created in 2021 as a flexible, off-budget instrument for financing Common Foreign and Security Policy actions, both missions and measures of military assistance to third countries. For the first time, this instrument was used to finance the provision of weapons to a belligerent third country. This article argues that, on the basis of an analysis of the relevant EU acts in the light of the Treaties, this procedure raises many legal questions, given the lack of democratic legitimacy and accountability in the adoption and implementation of such measures. The decisions ultimately bring the Union and its Member States, almost unintentionally, on the brink of war, while the EU Treaties establish that the first and most important task of the EU is to pursue, and work towards, peace.