The Resource National parliaments in the policing of the subsidiarity principle, Katarzyna Granat

National parliaments in the policing of the subsidiarity principle, Katarzyna Granat

Label
National parliaments in the policing of the subsidiarity principle
Title
National parliaments in the policing of the subsidiarity principle
Statement of responsibility
Katarzyna Granat
Creator
Contributor
Subject
Language
eng
Summary
This PhD thesis studies the role of national parliaments in the policing of the EU subsidiarity principle. The Treaty of Lisbon enshrines the Early Warning System (EWS) in Protocol No. 2, according to which national parliaments may review Commission proposals for compatibility with the subsidiarity principle expressed in Article 5(3) TEU. On the basis of the number of reasoned opinions submitted, which count as votes, national parliaments may trigger either a "yellow" or an "orange" card, each of which entails different consequences for the Commission draft act in question. The purpose of this thesis is to analyse the functioning of the EWS and to explore why national parliaments participate in this mechanism. To achieve this task, this thesis analyses the reasoned opinions issued under the EWS. Hence, this thesis firstly conducts a case study of the Commission proposal on the establishment of the European Public Prosecutor's Office which triggered a "yellow card". This example shows that national parliaments tend to conduct a broad scrutiny of Commission proposals, which includes aspects other than the subsidiarity of the proposal: its legal basis, the competence of the EU to act, its proportionality and its substance. This practice of national parliaments is evaluated according to a textual, structural and functional interpretation of the EU Treaties, and as a result, a narrow subsidiarity test is suggested for the purpose of the EWS. Thereafter, the thesis explores the national procedures of ex ante (EWS) and ex post (action before the ECJ) scrutiny. In addition, national debates are studied in order to analyse the relationship between national legislatives and executives, between parliamentary majorities and opposition, as well as the reflection of regional interests. This detailed study of debates also points to the first reasons for the participation of national parliaments in the EWS: the protection of idiosyncratic national interests and the restriction of EU redistributive policies. Further reasons for national parliaments' participation in the EWS are indicated on the basis of two case studies, dealing with the Monti II regulation (competence), and the Tobacco Products Directive ('delegated legislation'). These suggest that the EWS is used by national parliaments to increase their impact in the EU legislative process. The last case study of this thesis the "Women on Boards" proposal ponders the application of the EWS to "genuine" fundamental rights proposals, showing that the subsidiarity tests at stake here are focused to a much greater extent on a political willingness to protect universal values, rather than on efficiency. The thesis concludes by discussing whether the EWS enhances the EU's democratic legitimacy and decreases the EU's competence creep, which were the leading ideas behind the introduction of the Protocol No. 2 mechanism. It is pointed out that, although the impact of national parliaments on EU policy-making is uneasy to measure, some of the criticism of national parliaments is taken on board by the EU legislator. Because the "competence creep" of the EU is rather limited, it also does not demand a great deal of involvement on the part of national parliaments
Cataloging source
FIE
http://library.link/vocab/creatorName
Granat, Katarzyna
Date time place
Defence date: 16 December 2014
Dissertation note
Thesis (Ph. D.)--European University Institute (LAW), 2014.
Index
no index present
Literary form
non fiction
Nature of contents
theses
http://library.link/vocab/relatedWorkOrContributorName
European University Institute
Series statement
  • EUI PhD theses.
  • EUI theses
http://library.link/vocab/subjectName
  • Central-local government relations
  • Federal government
  • Subsidiarity
Label
National parliaments in the policing of the subsidiarity principle, Katarzyna Granat
Link
Instantiates
Publication
Note
Examining Board: Professor Bruno De Witte, European University Institute (Supervisor); Professor Loïc Azoulai, European University Institute; Professor Damian Chalmers, London School of Economics; Professor Thomas Christiansen, Maastricht University
Bibliography note
Includes bibliographical references (p. 333-344)
Control code
FIEb17628891
Dimensions
30 cm.
Extent
354 pages
System control number
(OCoLC)914479646
Label
National parliaments in the policing of the subsidiarity principle, Katarzyna Granat
Link
Publication
Note
Examining Board: Professor Bruno De Witte, European University Institute (Supervisor); Professor Loïc Azoulai, European University Institute; Professor Damian Chalmers, London School of Economics; Professor Thomas Christiansen, Maastricht University
Bibliography note
Includes bibliographical references (p. 333-344)
Control code
FIEb17628891
Dimensions
30 cm.
Extent
354 pages
System control number
(OCoLC)914479646

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