EU Commissioner proposes new treaty to build European defence union

EU Defence Commissioner Andrius Kubilius has proposed a new intergovernmental European treaty to establish a defence union and prepare the bloc to defend itself as the United States shifts its strategic focus towards the Indo-Pacific.

Speaking at the fourth EU Legal Service conference, Kubilius questioned whether existing EU treaties are fit to support member states in building a “defence union”, Euractiv reports.

The idea of strengthening European defence integration was first put forward by European Commission President Ursula von der Leyen at the start of her second mandate, alongside plans to increase defence spending, production capacity, and coordination between capitals. Defence policy, however, remains firmly a prerogative of member states.

“Are the existing treaties and institutions, built on the basis of those treaties, more a help or a hindrance for European defence to fight as Europe, not just as a combination of the 27?” Kubilius asked.

“I urge the creation of a new genuine European defence union, which would include the United Kingdom, Norway, and Ukraine. And to do that, let’s have an additional new intergovernmental treaty,” he said, adding that it could be modelled on the Schengen agreement.

Russia’s full-scale invasion of Ukraine has already pushed the EU to introduce new instruments to boost defence production, including the €500 million ASAP programme for ammunition and the €150 billion Security Action for Europe (SAFE), aimed at increasing joint procurement.

However, the Commission’s role remains limited by existing treaties to industrial and single market policy, while territorial defence remains the responsibility of member states and NATO.

Renewed pressure on the alliance — including repeated threats by US President Donald Trump — has intensified debate among European allies about strengthening a “European pillar” within NATO and what form it should take.

Kubilius has echoed that debate, advocating a greater EU role in defence, including proposals for a Security Council with permanent members, a 100,000-strong EU army, and a new headquarters — ideas that test the limits of current treaties.

On April 17, he also raised whether a new intergovernmental treaty could underpin such a force and enable EU-level stockpiles, an idea he had floated last month. It remains unclear how far the treaty would go beyond signalling political intent among EU countries.

“Reference to an EU army is not very helpful, as it sets the bar very high,” Carolyn Moser, research group leader at the Max Planck Institute, said following Kubilius’ comments.

Meanwhile, the Commission is preparing guidance on the use of the EU’s mutual assistance clause (Article 42.7), after Iranian strikes on Cyprus last month prompted European countries to deploy military assets to the island.

By Vafa Guliyeva