Competing Concepts of Subsidiarity in the Early Warning Mechanism

Fasone, Cristina (2013) Competing Concepts of Subsidiarity in the Early Warning Mechanism. [Working Paper]. LUISS School of Government, Roma. p. 33. LUISS School of Government Working Papers Series (SOG-WP4/2013).

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The essay aims at analysing how the relationship between parliaments in the European Union (EU) – the European, the national and the regional parliaments – are shaped after the coming into force of the Treaty of Lisbon and how the early warning mechanism can contribute to promoting their participation in the EU decision-making. Indeed, the control of compliance of draft legislative acts with the principle of subsidiarity appears as a key-element for enhancing the parliamentary involvement in EU affairs, as it is the opportunity to develop new institutional mechanisms, like the 'political dialogue', in spite of the political nature and function of this control. This essay is based on Neil MacCormick’s theory on the subsidiarity principle and, in particular, on the assumptions that what is called 'democratic deficit' in the EU is in reality a 'subsidiarity deficit'. Here it is argued that the 'subsidiarity deficit' can be contrasted by the early warning mechanism introduced by the Treaty of Lisbon and by the cooperation among the Parliaments of the EU.


Bibliografia: p. 27-30.

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: This is a revised version of the paper originally presented at the 19 W G Hart Legal Workshop 2011 on 'Sovereignty in Question', held at the Institute of Advanced Legal Studies in London, on 28 June 2011, and then on the occasion of the Workshop on 'National Parliaments in the European Union: What Kind of Role in What Kind of Europe?', organised by the Centre of Parliamentary Studies at LUISS Guido Carli on 2 May 2012.
Uncontrolled Keywords: European Union, principle of subsidiarity, early warning mechanism, national parliaments, 'political dialogue'.
MIUR Scientific Area: Area 12 - Law > IUS/14 European Union Law
Deposited by: Chiara Annulli (admin)
Date Deposited: 08 May 2013 15:14
Last Modified: 22 Apr 2015 00:14


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