Table of Contents

Research Handbook on EU Institutional Law

Research Handbook on EU Institutional Law

Research Handbooks in European Law series

Edited by Adam Lazowski and Steven Blockmans

Research Handbook on EU Institutional Law offers a critical look into the European Union: its legal foundations, competences and institutions. It provides an analysis of the EU legal system, its application at the national level and the prevalent role of the Court of Justice. Throughout the course of the Handbook the expert contributors discuss whether the European Union is well equipped for the 21st century and the numerous crises it has to handle. They revisit the call for an EU reform made in the Laeken Conclusions in 2001 to verify if its objectives have been achieved by the Treaty of Lisbon and in daily practice of the EU institutions. The book also delves into the concept of a Europe of different speeds, which - according to some - is inevitable in the EU comprising 28 Member States. Overall, the assessment of the changes introduced by the Lisbon Treaty is positive, even if there are plenty of suggestions for further reforms to re-fit the EU for purpose.

Chapter 4: National parliaments as guardians of the principle of subsidiarity

Adam Cygan

Subjects: law - academic, european law

Extract

The debate surrounding democracy and accountability in the EU has not been laid to rest by the Treaty of Lisbon. On the contrary, in Member States such as the UK and the Netherlands both parliamentary and public debate has continued with respect to the ambit of the EU’s powers and how EU decision-making may be made more accountable. In the UK, this debate has culminated in an ‘in/out’ referendum on EU membership in 2016, but this headline-grabbing event has overwhelmed the more measured and arguably informed constitutional discussions which national parliaments have recently engaged in. In particular, this parliamentary debate has focused on how to improve the participation of national parliaments in EU affairs and how subsidiarity monitoring can become more effective. The allocation of subsidiarity monitoring in Article 12 TEU to national parliaments together with the requirements within Protocol 2 on the Application of the Principles of Subsidiarity and Proportionality is the single most important development for national parliaments since their contribution was first recognised in Declaration 13 of the Treaty of Maastricht. There are three reasons for this. Firstly, the principle of subsidiarity raises the presumption that legislation will be made at the appropriate level of governance and the monitoring provisions within Protocol 2 are the first formal Treaty provisions which provide for this.

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