Institutional Design of the Member States for the Ex Post Subsidiarity Scrutiny

Granat, Katarzyna (2013) Institutional Design of the Member States for the Ex Post Subsidiarity Scrutiny. [Working Paper]. LUISS School of Government, Roma. p. 24. LUISS School of Government Working Papers Series (SOG-WP5/2013).

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This paper analyses subsidiarity action introduced by the Treaty of Lisbon and the adjustment of national provisions to accommodate this new competence of national Parliaments. According to Article 8 of Protocol No. 2 to the Treaty of Lisbon, Member States may notify an infringement of the principle of subsidiarity on behalf of national Parliament according to the their legal order. As this paper claims, however, the procedures for lodging the subsidiarity action vary at the national level, depending on the parliament – government relations in EU affairs. The paper begins by outlining the adjustments of national Parliaments for effective participation in European integration. Further, the paper explores the subsidiarity action of national Parliaments under the Subsidiarity Protocol and advances the argument that subsidiarity action is not very innovative from the perspective of Article 263 TFEU, yet the core issue is the reference to the national legal order regulation of the notification process by the Member States. The paper then examines and compares national level arrangements for subsidiarity action, depending on the strength of a national Parliament in EU affairs in relation to its government. The paper concludes by maintaining that there is a divergence in national regulations of subsidiarity action, but evidently the design of ex post subsidiarity review at the national level does not enhance the role of weak national Parliaments.


Bibliografia: p. 18-21.

Item Type: Report / Paper (Working Paper)
Research documents and activity classification: Working Papers > Refereed Working Papers / of international relevance
Divisions: School of Government
Uncontrolled Keywords: National Parliaments, principle of subsidiarity, subsidiarity action, subsidiarity review, Protocol no.2.
MIUR Scientific Area: Area 12 - Law > IUS/14 European Union Law
Deposited by: Chiara Annulli (admin)
Date Deposited: 08 May 2013 15:20
Last Modified: 22 Apr 2015 00:14


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