, Volume 12, Issue 4, pp 535-547,
Open Access This content is freely available online to anyone, anywhere at any time.
Date: 10 Nov 2011

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

Abstract

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.

This article has been written in the context of a project financed through a Veni grant by the Netherlands Organisation for Scientific Research (NWO). It is based on a presentation given by the author at the ERA conference Subsidiarity Check which took place on 9–10 June in Trier.