Poland is advancing legislative changes that would allow its armed forces to intercept Russian drones and missiles over Ukrainian territory without prior approval from NATO or the European Union.
The proposal, first drafted by the Ministry of National Defence in June, has gained momentum following a large Russian drone incursion into Polish airspace earlier this month and renewed drone disruptions in northern Europe.
According to reports in Warsaw, the legal update would reverse constraints introduced in February 2022 that required closer NATO/EU coordination for cross-border defensive action. Policymakers argue that these restrictions have limited Poland’s ability to take preventive measures when aerial threats approach from Ukrainian airspace. Media in Poland and the region say the draft would permit engagement of Russian aerial objects over Ukraine and, where relevant, Belarus, when they pose an imminent threat to Polish territory.
Scrutiny of Poland’s air defence posture intensified after 9–10 September, when between 19 and 23 Russian drones crossed into Polish airspace, prompting a multi-hour closure of airports and allied air policing responses. Warsaw subsequently invoked Article 4 of the North Atlantic Treaty, citing a threat to national and allied security. Investigations later indicated several drones were decoys and unarmed, but the scale of the breach was described by analysts as deliberate testing of NATO’s alertness.
The Polish initiative coincides with a spate of drone incidents in Denmark. Copenhagen Airport was shut earlier this week, followed by closures at Aalborg and other Jutland locations after repeated sightings of unauthorised drones near civil and military facilities, including the Skrydstrup air base that hosts F-16s and F-35s. Danish authorities are probing a possible coordinated hybrid operation; Russia has denied involvement. The Danish government is preparing powers for critical-infrastructure operators to down hostile drones.
Allied messaging has hardened. In New York this week, U.S. President Donald Trump said NATO countries should shoot down Russian aircraft that violate their airspace, adding that any U.S. support would “depend on the circumstance”. NATO Secretary-General Mark Rutte said allies “have the right” to target drones and aircraft that enter Alliance airspace when necessary, while noting that militaries weigh proportional responses case-by-case.
For Warsaw, the core issue is timing and sovereignty. Officials contend that requiring external sign-off risks leaving a narrow window to intercept slow-moving Shahed-type drones or cruise missiles before they cross into Poland. Allowing engagements just across the Ukrainian border, Polish lawmakers argue, would reduce the likelihood of debris falling on Polish territory and ease pressure on air defences further inland. Reporting indicates the change would be framed as a national measure consistent with collective defence obligations and existing rules of engagement.
Regional capitals are also examining cooperative arrangements. Security officials and commentators have floated a joint counter-drone umbrella spanning western Ukraine and eastern Poland to streamline detection, tracking and engagement, building on NATO air policing and bilateral data-sharing already in place. Supporters say a contiguous defensive “bubble” would improve interception geometry and free Ukrainian systems for other fronts; critics warn of escalation risks and legal complexities over rules of engagement on non-NATO territory. Recent analysis by international outlets notes that Moscow’s use of drones to probe air defences across Europe is likely to continue.
Any Polish law will have to define triggers, command authority and deconfliction procedures with Ukrainian and allied assets, including AWACS, ground-based air defences and combat air patrols. After the September incursion, several allies contributed aircraft and sensors to support Poland’s response under standing arrangements; Warsaw has since tightened airspace restrictions along its eastern border. The government has told parliament that improved legal clarity is intended to speed decisions at the tactical level while preserving strategic coordination with NATO.
Denmark’s experience underscores the challenge. Despite rapid deployments, authorities were unable to neutralise drones around multiple airports and bases this week, prompting diversions and temporary closures. Investigators are exploring whether some drones were launched from ships or within Danish territory, a scenario that complicates attribution and response. Nordic and Baltic states have held consultations on a “drone wall” concept to counter low-cost intrusions against critical infrastructure.
Poland’s timetable for the amendment has not been formally announced, but ministers have signalled urgency. With allied leaders warning that airspace violations are part of a wider pattern of testing, lawmakers in Warsaw are likely to face pressure to reconcile rapid response with alliance cohesion and escalation management. As one NATO briefing put it this week, members will “use all means” to defend their airspace, while calibrating actions to avoid unintended escalation.
Image: Flight paths of Russian drones and missiles during the attack of 10 September, created by monitors at the Telegram channel PPO Radar
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