Prominent constitutional law expert Prof. Ryszard Piotrowski assessed that the SAFE program is incompatible, among other things, with the Polish Constitution and the Treaty on European Union. “The regulation on the general regime of conditionality states that – in short – our army will be decided upon by the European Commission and the EU Council. The Constitution does not allow this, because it does not permit the transfer of competences with regard to the armed forces,” the lawyer stressed.
Prof. Piotrowski said in an interview on the Super Ring channel that SAFE concerns Poland’s independence.
“In the case of SAFE, the Constitution is very clear. We have Article 90 of the Constitution, which states that the Republic of Poland may, on the basis of an international agreement, transfer the competences of state authorities in certain matters to an international organization or international body. The question is – in which matters? The Constitutional Tribunal tells us this,” the constitutional expert said.
Authority Over the Army as the Essence of Sovereignty
He recalled case K32/09 from 2010. In the reasoning of its judgment, the Constitutional Tribunal interpreted the Constitution, stating that the principle of preserving sovereignty in the process of European integration is binding.
“Competences that constitute the essence of sovereignty cannot be transferred, and those competences include authority over the army,” he emphasized.
He added that Poland may participate in integration, but only within the limits of the competences that have been transferred. Prof. Piotrowski also referred to the Treaty on European Union. It provides that the EU respects the essential state functions and that “in particular, national security remains the sole responsibility of each Member State.”
The constitutional scholar assessed that the Constitution prohibits incurring this type of loan. He recalled that the SAFE regulation should be implemented in accordance with the regulation on the general regime of conditionality.
“The regulation on the general regime of conditionality states that – in short – our army will be decided upon by the Commission [European] and the Council [EU]. The Constitution does not allow this, because it does not permit the transfer of competences with regard to the armed forces,” he stressed.
“The Commission Will Be Able to Interfere in Elections”
The professor also referred to Article 26 of the Constitution, which states that the armed forces are subject to democratic control.
“This means that they are subject to the control of the Polish authorities, not the control of Brussels,” he explained.
He also pointed to another inconsistency, namely that “the nation exercises power through its representatives, not through representatives of the European Commission.”
“If the European Commission has such power that it may withhold funds from us while we must still repay the loan, it may be that by making financing dependent on whether voters support candidates representing the Commission’s values or not, those candidates who represent the Commission’s values will be favored. This violates the principle of equal elections. The Commission will be able to interfere in elections, and then they will not be democratic elections and there will be no democratic authority. That is all,” he said.
Arbitrariness Instead of Cross-Party Consensus
He recalled that legislative proceedings should be conducted in accordance with the principles of diligence and efficiency, but this was not the case with SAFE. He pointed out that the explanatory memorandum to the draft law stated that the provisions were to be ready in March. He assessed that planning to conclude a loan agreement with the European Commission in March was unacceptable, because the short timeframe deprives the Sejm of the ability to legislate.
“If we undertake an obligation that affects future generations, it should be based on cross-party consensus, not arbitrariness. The conditionality regulation itself states that if the authorities act arbitrarily, funds will not be granted. From this point of view, we will not receive the money anyway,” said Prof. Ryszard Piotrowski.
‼️‼️‼️SUPER WAŻNE ‼️‼️‼️
— Jacek Saryusz-Wolski (@JSaryuszWolski) February 24, 2026
Powalający swoją precyzją i niezbitą logiką wywód Prof. Ryszarda PIOTROWSKIEGO o tym że #SAFE jest
SPRZECZNY zarówno z KONSTYTUCJĄ RP jak i z TRAKTATAMI UE
⬇️pic.twitter.com/yh73Ydd576 https://t.co/c8NTGSJR1i