The Principle of Subsidiarity and its Enforcement in the EU Legal Order: The Role of National Parliaments in the Early Warning System

ISBN-13: 9781509908677 / Angielski / Twarda / 2018 / 272 str.

Katarzyna Granat

Opis

This book analyses and evaluates Europe's experience with Early Warning System (EWS) which allows national parliaments to review draft legislative acts of the European Union for their compatibility with the subsidiarity principle. The EWS was introduced in response to the perceived 'democratic deficit' of the EU and its 'creeping' competences and represented one of the landmark reforms of the Lisbon Treaty. The purpose of this book is present and critically analyse the functioning of the new mechanism of subsidiarity review and the role that national parliaments have played within this system.Compared to the existing leading publications on the Europeanization of national parliaments and contributions on the EU principle of subsidiarity, this book offers for the first time a profound legal analysis of the procedure enriched by a comprehensive empirical analysis of the actual activities of national parliaments. It is directed at scholars of EU law and policy, European and national officials and legal practitioners working in and with the national legislatures.

Spis treści

Introduction I. Existing Scholarship on the Subsidiarity Principle and National Parliaments II. Research Approach III. Structure 1. The Subsidiarity Principle in the EU Treaties I. Introduction II. Characteristics of the Subsidiarity Principle III. Subsidiarity in Other Legal Systems IV. Subsidiarity in the EU Treaties V. Subsidiarity in the Court of Justice VI. Reasons for Introduction of the EWS VII. Conclusion 2. The Involvement of National Parliaments and the EWS I. Introduction II. The Growing Role of National Parliaments in the EU Treaties III. The Design of the EWS IV. The ‘Barroso Initiative’ V. The EWS in Interparliamentary Cooperation VI. Conclusion 3. The Scope and Application of the EWS I. Introduction II. Scope of the Reasoned Opinions Under Protocol No 2 III. Comparison of the First Three ‘Yellow Cards’ IV. Consequences of the ‘Yellow Cards’ V. Observations on the Practice of the EWS VI. Conclusion 4. Design of the Subsidiarity Review at the National Level I. Introduction II. Institutional Evolution of National Parliaments III. Analysis of Constitutional Jurisprudence IV. Overview of Scrutiny Types V. Comparison of Procedures VI. The Impact of the Ex Ante Subsidiarity Review Design on the Number of Reasoned Opinions VII. Conclusion 5. The EWS Within National Political Systems I. Introduction II. Government, Majority and Opposition in EU Affairs III. Research Approach IV. Analysis of the Data V. Analysis of the Debates VI. Conclusion 6. Principle of Conferral Under Protocol No 2 I. Introduction II. The Question of EU Competence III. Reasoned Opinions Concerning Violation of the Principle of Conferral IV. Special Cases: Article 114 and Article 352 TFEU V. Case Study: The ‘Yellow Card’ on the Right to Strike Proposal VI. Conclusion 7. Subsidiarity and the Delegation of Power in the EU I. Introduction II. Delegated and Implementing Acts III. Case Study of the Proposal for a Tobacco Products Directive IV. Assessment V. Conclusion 8. Subsidiarity and Fundamental Rights Legislation I. Introduction II. Fundamental Rights in the EU Draft Legislative Acts III. Fundamental Rights in the Reasoned Opinions IV. Case Study of a ‘Genuine’ Fundamental Rights Proposal V. Scrutiny of Fundamental Rights Proposals Within the EWS VI. Conclusion Conclusion I. Findings of the Book II. The EWS as an Answer to the ‘Democratic Deficit’ and ‘Competence Creep’? III. Outlook: Reform Proposals