ERA Forum

, Volume 12, Issue 4, pp 535-547

First online:

Open Access This content is freely available online to anyone, anywhere at any time.

The conduct of subsidiarity checks of EU legislative proposals by national parliaments: analysis, observations and practical recommendations

  • Philipp KiiverAffiliated withPublic Law Department, Faculty of Law, Maastricht University Email author 


This paper provides a legal and empirical analysis of certain aspects of the European Union’s early warning system for the principle of subsidiarity. It discusses the admissibility criteria for opinions from national parliaments against EU legislative proposals; it considers which principles national parliaments actually apply in these opinions in practice; and it develops practical legal techniques on how to incorporate principles other than subsidiarity in such opinions.


National parliaments European Union Subsidiarity