scholarly journals The Subsidiarity Principle and National Parliaments Role: From Formal Need to Real Use of Powers

2020 ◽  
Vol 10 (2) ◽  
pp. 24
Author(s):  
Ani Matei ◽  
Adrian Stelian Dumitru
Keyword(s):  
Decision Making ◽  
European Convention ◽  
Decision Making Process ◽  
Legislative Process ◽  
National Parliaments ◽  
Guiding Principle ◽  
Subsidiarity Principle ◽  
Legislative Procedure ◽  
Correct Application ◽  
The Eu

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.

6. Legislation and Decision-Making

EU Law ◽  
2020 ◽  
pp. 155-193
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
Decision Making ◽  
Legislative Process ◽  
Eu Legislation ◽  
Legislative Procedure ◽  
Ordinary Legislative Procedure ◽  
The Uk ◽  
The Eu ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter, which discusses the process by which the EU enacts legislation and makes decisions, begins by considering the making of legislative acts. This includes the Treaty rules and practice concerning the initiation of the legislative process, and how the ordinary legislative procedure, in which the Council and EP act as co-legislators, has come to occupy centre stage. The focus then shifts to the making of delegated acts followed by an analysis of how implementing acts are made. The chapter concludes with discussion of democracy in the EU, and evaluates the extent to which the EU might be said to have a democracy deficit. The UK version contains a further section analysing issues concerning EU legislation and decision-making in relation to the UK post-Brexit.

scholarly journals Institualization of referendum in EU countries

2020 ◽  
pp. 445-452
Author(s):  
Stoyko O. М.
Keyword(s):  
Decision Making ◽  
Direct Democracy ◽  
Decision Making Process ◽  
Legislative Process ◽  
The European Union ◽  
Public Authorities ◽  
New Members ◽  
Political Processes ◽  
History Of ◽  
The Eu

The evolution of the referendum institutionalization in the constitutions of the EU states is considered. The peculiarities of its initiation, realization and implementation of results in the "old" and "new" members of the Union are highlighted and analyzed. It is concluded that young democracies are pioneering in using this tool of direct democracy both to legitimize government decisions and to involve citizens in the decision-making process. The history of the introduction of plebiscites into the practice of political processes in European countries shows, that they are closely linked to democratic transit: the later the constitution is adopted, the more opportunities for citizens to use referendums not only to control the legislative process in parliament (support or veto certain decisions, draft laws), but also to formulate an agenda - to propose their own initiatives for consideration by public authorities. Accordingly, there are obvious differences between the referendum practices of the "old" and "new" members of the European Union, since the latter are much more active in using them and give citizens real leverage on public policy by holding plebiscites on popular initiatives.

scholarly journals Discussing Subsidiarity in Terms of Justification

2021 ◽  
Vol 49 ◽  
pp. 53-70
Author(s):  
Oxana Pimenova
Keyword(s):  
Research Question ◽  
Institutional Setting ◽  
Practical Implementation ◽  
Legislative Process ◽  
National Parliaments ◽  
Main Research ◽  
Regulation Policy ◽  
Subsidiarity Principle ◽  
Institutional Dimension ◽  
The Eu

This article attempts to study the inter-institutional dimension of the practical implementation of the subsidiarity principle in the EU legislative process. The main research question is whether the subsidiarity principle could be a real communicative tool in the EU’s multi-level regulation policy used to seek consensus between EU institutions and national parliaments on the justification of an appropriate level for EU actions (subsidiarity justification). The short answer is ‘yes’. Through the content analysis of the published documents and with the help of the theory of deliberation, the author argues for a subsidiarity justification procedure occurring at the beginning of each instance of the EU legislative process to provide an inter-institutional setting to move away from confirming (one-way) to deliberative (two-way) reasoning over the issue of potential subsidiarity violation in the EU legislative process.

National Parliaments in Subsidiarity Review: From Guardians to Partners

2018 ◽  
Vol 40 (3) ◽  
pp. 287-299
Author(s):  
Oxana Pimenova
Keyword(s):  
Legislative Process ◽  
National Parliaments ◽  
Green Card ◽  
Better Regulation ◽  
Legislative Proposals ◽  
Subsidiarity Principle ◽  
Working Together ◽  
Political Value ◽  
Law Making ◽  
The Eu

Abstract With a clear emphasis on substantive political value that national legislatures are able to bring to the EU legislative process, this paper attempts to overcome skepticism about deepening national parliaments’ direct involvement in the decision-making process at the European level. The role of national parliaments in advancing their subsidiarity concerns within European law-making may be strengthened through a more intensive political dialogue with the Commission, when the former acts not just as the ‘guardians’ of the subsidiarity principle (in the framework of the existing yellow and orange card schemes) but also as active contributors to the law-making process encouraging the Commission to leverage the so-called green card procedure. Complemented by the yellow and orange card provisions, it forms a three-element subsidiarity review mechanism perfectly capable of dealing with subsidiarity concerns of national parliaments at various stages of the EU law-making process, thus transforming the chambers from wardens into partners working together with the Commission to reshape EU legislative proposals for the sake of better regulation.

scholarly journals Przezwyciężanie kryzysu w procesie integracji europejskiej poprzez zmiany regulacji dotyczących udziału obywateli UE w podejmowaniu i realizacji decyzji

2015 ◽  
pp. 64-95 ◽  
Author(s):  
Marta Witkowska
Keyword(s):  
Decision Making ◽  
Citizen Participation ◽  
Research Problem ◽  
Decision Making Process ◽  
Legislative Process ◽  
The Public ◽  
Theoretical Approaches ◽  
Two Stages ◽  
The Impact ◽  
The Eu

The main purpose of this paper is to analyse the impact of citizen participation-enabling mechanisms in the EU decision-making process on the legitimacy of the Union. The inquiry measures and categorises participation in the EU, utilising the analytic instruments developed in existing theoretical approaches. The research problem is the evaluation of conditions created in the EU for active participation in the public life for their potential of overcoming the crisis in the European integration process. The aim of the study has been accomplished in two stages. First, the legislative process in the EU has been presented, with law-making and implementation phases distinguished. Second, the different kinds of participation in the EU have been categorised and their intensity described. The categorisation is adapted from the distinction made by W. Tegtmeier. The author is testing the hypothesis that the multitude of modes of engaging citizens in the decision making process in the EU confirms the Union’s legitimacy. She concludes that citizen participation in the decision-making at the EU level could potentially positively contribute to the process of overcoming the crisis of democracy in the EU.

5. Legislation and Decision-Making

2015 ◽  
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
Decision Making ◽  
Legislative Process ◽  
Legislative Procedure ◽  
Ordinary Legislative Procedure ◽  
The Eu ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter, which discusses the process by which the EU enacts legislation and makes decisions, begins by considering the making of legislative acts. This includes the Treaty rules and practice concerning the initiation of the legislative process, and how the ordinary legislative procedure, in which the Council and EP act as co-legislators, has come to occupy centre stage. The focus then shifts to the making of delegated acts followed by an analysis of how implementing acts are made. The chapter concludes with discussion of democracy in the EU, and evaluates the extent to which the EU might be said to have a democracy deficit.

The Role of National Parliaments in Governing the European Union

2015 ◽  
pp. 52-62
Author(s):  
M. Strezhneva
Keyword(s):  
Decision Making ◽  
European Union ◽  
European Commission ◽  
National Level ◽  
Governance Structure ◽  
Lisbon Treaty ◽  
The European Union ◽  
National Parliaments ◽  
Subsidiarity Principle ◽  
The Eu

Institutional structures and decision-making processes, which have been established in the European Union, fall beyond the scope of national rules for the functioning of parliamentary government. National parliaments of the EU member states have not succeeded in acquiring solid positions in the multilevel constellation within the Union. Yet nowadays they are assigned an important mission in their efforts to overcome, alongside the European Parliament (EP), the growing democratic deficit at both the European and national levels. The article is meant to assess the potential of national parliaments in capitalizing on the Lisbon Treaty provisions and on new forms of their engagement with supranational institutions (the European Council, the European Commission and the EP in particular), aimed at enhancing their legitimizing influence. General paradigm for the analysis is determined by the multilevel governance concept (MLG). It allows for a picture of European decision-making, which is shared by actors placed at different levels of the governance structure. National parliaments are supposed to be provided with multiple access points to the political process in the European Union as well. But the MLG vision doesn't contradict the fact that the key role within the EU belongs to those who occupy the highest executive power positions at the national level. Three directions for the national parliaments to intensify their involvement are put into spotlight: parliamentary control over national executives; control of compliance with the subsidiarity principle in European legislative proposals and supranational decisions; political dialogue with the European Commission and interparliamentary cooperation. The analysis proves that conditions are ripe for more active stance of national parliaments in the EU affairs. The “system of early warning” of the subsidiarity principle violations, provided for in the Lisbon Treaty, seems most promising. But national parliaments themselves will still have to demonstrate more persistence when using new instruments. Acknowledgment. The article has been supported by a grant of the Russian Foundation for Humanities (RFH). Project № 14-07-00050.

scholarly journals Participation by national parliaments in the EU legislative process

ERA Forum ◽  
2021 ◽  
Author(s):  
Adam Cygan
Keyword(s):  
Decision Making ◽  
Institutional Framework ◽  
Legislative Process ◽  
National Parliaments ◽  
Treaty Of Lisbon ◽  
Political Dialogue ◽  
Eu Legislation ◽  
Democratic Practices ◽  
The Eu

AbstractEuropeanisation has marginalised national parliaments and their democratic practices leading to a ‘de-parliamentarisation’ within the EU. The Treaty of Lisbon included substantive provisions designed to improve participation by national parliaments in EU decision-making, the most significant of which is the allocation of subsidiarity monitoring. This was intended to address concerns that national parliaments are peripheral within the EU Polity, and that EU legislation lacks legitimacy amongst its citizens. Protocols 1 and 2 of the Treaty of Lisbon promote a horizontal political dialogue between national parliaments within subsidiarity monitoring, but, experience of the last ten year indicates that this has not improved legislative legitimacy, nor adequately addressed de-parliamentarisation. This article argues that, while the Treaty of Lisbon has enhanced the privileges of national parliaments, they have not been ‘re-centred’ as an influential collective bloc of actors within the EU’s institutional framework.

6. Legislation and Decision-Making

EU Law ◽  
2020 ◽  
pp. 162-201
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
Decision Making ◽  
Legislative Process ◽  
Eu Legislation ◽  
Legislative Procedure ◽  
Ordinary Legislative Procedure ◽  
The Uk ◽  
The Eu ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter, which discusses the process by which the EU enacts legislation and makes decisions, begins by considering the making of legislative acts. This includes the Treaty rules and practice concerning the initiation of the legislative process, and how the ordinary legislative procedure, in which the Council and EP act as co-legislators, has come to occupy centre stage. The focus then shifts to the making of delegated acts followed by an analysis of how implementing acts are made. The chapter concludes with discussion of democracy in the EU, and evaluates the extent to which the EU might be said to have a democracy deficit. The UK version contains a further section analysing issues concerning EU legislation and decision-making in relation to the UK post-Brexit.

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