Refraiming Subsidiarity Inquiry Form: From an "EU Value-Added" to an "EU non encroachment test"?: Some Insights From National Parliaments Reasoned Opinion

Guastaferro, Barbara (2013) Refraiming Subsidiarity Inquiry Form: From an "EU Value-Added" to an "EU non encroachment test"?: Some Insights From National Parliaments Reasoned Opinion. [Working Paper]. LUISS School of Government, Roma. p. 22. LUISS School of Government Working Papers Series (SOG-WP2/2013).

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Abstract/Index

The principle of subsidiarity was introduced within European Treaties to prevent EU’s increasing competences from encroaching upon the power of lower levels of government. Nevertheless, the way in which the principle of subsidiarity has been operationalized (through so called “comparative efficiency test”) has decisively favored EU action, which is usually deemed to be the most suitable to achieve European objectives. This paper aims at assessing: first, if and to what extent national Parliaments, as national actors exercising their monitoring functions in the context of the early warning system, could reframe subsidiarity inquiry from a “comparative efficiency test” to a sort of “non encroachment (upon Member States) test”; second, if and to what extent Art. 4.2 TEU, aimed at protecting Member States national identities and essential State functions, could help in this respect. To this purpose, several national Parliament’s reasoned opinions mentioning the concept of national identities will be analysed.

References

Bibliografia: p. 18-19.

Item Type: Report / Paper (Working Paper)
Research documents and activity classification: Working Papers > Refereed Working Papers / of international relevance
Divisions: School of Government
Additional Information: An early version of this paper was presented at the LUISS School of Government Summer School on Parliamentary Democracy in Europe in Rome (16-20 July 2012), within the workshop dedicated to "The principle of subsidiarity and the constitutional identities of the Member States".
Uncontrolled Keywords: Subsidiarity, national Parliaments, Lisbon Treaty, early warning system, democracy, national identities.
MIUR Scientific Area: Area 12 - Law > IUS/14 European Union Law
Deposited by: Chiara Annulli (admin)
Date Deposited: 08 May 2013 14:50
Last Modified: 22 Apr 2015 00:14
URI: http://eprints.luiss.it/id/eprint/1202

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