Abstract
Subsidiarity constitutes a guiding principle of the EU exercising power and the idea of involving national parliaments in the EU legislative procedure was seen as the best solution to increase democracy and transparency of the EU decision-making process at the European Convention established in 2001. Such a mechanism enables national parliaments to ensure the correct application of the principle of subsidiarity by the institutions taking part in the legislative process. This article examines how this principle is implemented by the national parliaments and EU responsible institutions. What is the novelty derived from the Treaty of Lisbon? Do national parliaments participate actively in the implementation of subsidiarity? If yes, what are the tools at their disposal? To answer all of these questions we try to shape a framework for understanding the phenomenon.
Highlights
Subsidiarity constitutes a guiding principle of the EU exercising power and the idea of involving national parliaments in the EU legislative procedure was seen as the best solution to increase democracy and transparency of the EU decision-making process at the European Convention established in 2001
This article aims to examine the role of the national parliaments under the policy-making process after the Lisbon Treaty and their commitment to carry out their tasks
In the beginning we focus on the context and development of the subsidiarity principle in order to understand how this idea was introduced and what were the reasons for this
Summary
The procedural dimension of subsidiarity has been the dominant perspective but the recent reforms have, aimed to strengthen this dimension by involving the national parliaments as the watchdogs of subsidiarity principle. After a brief overview of the subsidiarity principle meaning, in the second part we focus on national parliaments and their role as the legal provisions states. We look at both the ex-ante mechanism for the subsidiarity control as well as the category of competences subject to subsidiarity evaluation. The last part, which has a core role for our research, analyzes the involvement of the national parliaments as a result of the subsidiarity principle application. In the final remarks we present the main findings of our work and try to provide some possible explanations to the current state of the application of the subsidiarity principle by national parliaments
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