Abstract
The principle of subsidiarity within the European Union (EU) is sanctioned in Article 5(3) of the Treaty on European Union (TEU ) and in the Protocol No.2 “On the Application of the Principles of Subsidiarity and Proportionality”. Its main function is to regulate the exercise of competences of EU institutions in areas where these powers are shared with Member States of the Union, with the aim that, as also required by Article 5 of TEU, the proposed action can rather be better achieved at Union level. Regarding national parliaments, according to Article 12 of TEU their general institutional role is to “contribute actively to the good functioning of the Union”. Also, referred to paragraph 3 of Article 5 of the TEU, Protocol No 1 "On the role of national parliaments in the European Union" and “On the Application of the Principles of Subsidiarity and Proportionality” national legislatures are charged with the duty to check the correct application of the principle of subsidiarity by the institutions of the Union. For this pupose a new mechanism is introduced, known as the Early Warning System (EWS). The purpose of this paper is the analysis of the provisions on the EWS in order to evaluate the protection that the Treaty of Lisbon provides for the subsidiarity principle and consequently the role played by national legislatures in the EU legislative procedures. DOI: 10.5901/ajis.2016.v5n3s1p393
Highlights
In Albania there is an ongoing and heated debate concerning the import of wastes of “the Green List”
Is our country can be an example of success in processing treatment of waste? Does our country be a state of the technology and science in differentiation and treatment of waste? Does Albania be a major producer of wastes, industrial, toxic, inert, organic materials wastes etc.? What are the priorities of the Albanian economy in the future, the recycling industry or the development of tourism sector which requires a clean environment with natural ecosystems intact?
They see recycling as a necessary evil which in addition to economic benefits, reduces pollution, the volume of waste destined for landfills, but can have consequences on the environment or human health if are used wastes that does not belong only to the Green List2
Summary
Before we start analyzing this issue, we must clarify what are garbages and wastes and how to classify them. 8 https://hbr.org/1992/03/how-europes-companies-reposition-to-recycle#, Cairncross, F, How Europe,s companies reposition to recycle, Harvard bussines review, year 1992 9http://www.riciklimi.al/uploads/documents/424728857-1351123004.pdf, Abanian National Strategy on wastes, 25 May 2010 10 http:/www.balkanweb.com/site/lista-e-gjelber-nga-skrapet-dhe-qimet-e-derrave-tek-kerpi-i-kanabisit-ja-mbetjet-qe-pritet-te-importohenne-shqiperi/, Sinanaj.I, Green List/ from scraps and pig hairs to kerp and cannabis The kind of wastes which mentioned to be imported in Albania, September 2016. This is the average amount of waste per capita that Albania produces about half the amounts of countries belonging to the Organization for Economic Cooperation and Development (OECD) and generates less waste per person than neighboring countries such are Macedonia, Bosnia & Herzegovina, Croatia etc (Fig. 2). The problem is how these wastes are controlled; do they present a risk to the environment and its components? Do they mix with hazardous waste etc.? Since our country has no capacity and does not meet environmental standards and infrastructure for waste treatment why should import instead of exporting?
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