Polish Sejm passed SAFE Act amendments on Feb 27, sparking debate over national sovereignty implications.
The SAFE Instrument Explained
The European Union’s Security Action for Europe (SAFE), approved in May 2025, is a €150 billion loan fund. It aims to strengthen the European defense industry by funding weapon purchases and expanding the EU’s industrial-military base. EU Commission documents stress combating “fragmentation of the EU defense industry” and consolidating arms production.
Political Pressure on the President
The Act enables Poland to access this EU loan, described as a special entitlement. Prime Minister Donald Tusk stated “we got the money,” and the EU Council Regulation notes Poland “received financial assistance.” This creates strong political pressure on President Karol Nawrocki to sign the Act, effectively making SAFE mandatory rather than optional.
Constitutional Concerns
The Act’s content and procedure raise questions about compliance with the Polish Constitution, particularly the President’s security and defense powers under the National Defense Act. It encroaches on national defense competencies not delegated to the EU Commission in EU treaties, conflicting with Constitutional Tribunal rulings and Poland’s Public Debt Management Strategy (2025–2028).
Article 126(2) mandates the President to “guard the sovereignty and security of the state,” while Article 134 designates them as “Supreme Commander of the Armed Forces.” Article 133 establishes the President’s role in external relations. The National Defense Act (March 11, 2022) grants the President specific security competencies as a core element of the state security system.
Debt Implications
Implementation of the SAFE Act likely violates the constitutional debt limit (Article 216(5)), which prohibits loans or guarantees causing public debt to exceed 60% of GDP. Poland’s public debt (on and off-budget) exceeds 2 trillion złoty. The EU Commission’s Debt Sustainability Monitor projects debt-to-GB at 65.4% in 2026 and 75.3% in 2029, already exceeding the limit. A SAFE loan would further increase debt and breach this ceiling.