EU subsidiarity check by National Parliaments

Also of interest, on this topic, the work by Wessels and others on the much less structured control by national parliaments over the European Council, originally a study commissioned by the EP itself.

European Parliamentary Research Service Blog

The position of national parliaments in the EU was strengthened in various ways by the Lisbon Treaty in order to enhance democratic legitimacy. Protocol 2 of the Lisbon Treaty introduced a mechanism of subsidiarity scrutiny by national parliaments on draft EU legislation. The so called early warning system including the yellow and orange card procedures give them a direct role in assessing compliance of draft legislation with the principle of subsidiarity (TEU art. 5). The chambers of national parliaments may each give a reasoned opinion and collectively they can influence the legislative procedure if a certain threshold is attained in the set time limit.

National parliaments have so far twice collectively opposed  to European Commission proposals by giving a yellow card. The first time, the threshold was reached in May 2012 in the case of the Commission’s legislative proposal on the right to strike (Monti II). The Commission withdrew the proposal…

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