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

Erscheinungsjahr 2018
ISBN: 978-1-5099-0867-7
Verlag: HART PUB

Buch, Englisch, Band 3, 272 Seiten, Hardback, Format (B × H): 174 mm x 251 mm, Gewicht: 643 g

Reihe: Parliamentary Democracy in Eur

In this book, Katarzyna Granat analyses and evaluates Europe's experience with the 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 to 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 Europeanisation 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 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.

Autoren/Hrsg.

Granat, Katarzyna

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Europarecht

Inhaltsverzeichnis

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

Über Autor(innen)

Granat, Katarzyna
Katarzyna Granat is Junior Research Fellow and Marie Curie Fellow at Durham University Law School.

Katarzyna Granat is Junior Research Fellow and Marie Curie Fellow at Durham Law School.