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Subsidiarity as a means to enhance cooperation between EU institutions and national parliaments

Subsidiarity as a means to enhance cooperation between EU institutions and national parliaments. Outline. 1. Historical Background 2. Context and rationale for the introduction of the subsidiarity principle (1992) 3. Subsidiarity as a means to strengthen the

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Subsidiarity as a means to enhance cooperation between EU institutions and national parliaments

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  1. Subsidiarity as a means to enhance cooperation between EU institutions and national parliaments

  2. Outline 1. Historical Background 2. Context and rationale for the introduction of the subsidiarity principle (1992) 3. Subsidiarity as a means to strengthen the relationship between EU institutions and national parliaments 4. The way forward: the future of the Early Warning System 5. Conclusion

  3. 1. Historical Background  National parliaments (NPs) long absent from the Treaties ; NPs dependent on national arrangements  Reasons for that: • European Parliamentary Assembly composed of MPs • European Communities: “classical” international organization • “Output legitimacy”

  4. 2. Context and rationale for the introduction of the principle of subsidiarity  Introduced in Single European Act (1986) in reference to the environment policy; as a General principle of EU law in the Maastricht Treaty (1992)  Useful to delimit EU’s competences  No link between NPs and subsidiarity at that time

  5. 3. Subsidiarity: a means to enhance NPs-EU institutions relationships (1)  Constitutional Treaty & Lisbon Treaty: dramatic change for NPs, among others due to attribution of new responsibility to check respect of subsidiarity: Early Warning System (EWS)

  6. 3. Subsidiarity: a means to enhance NPs-EU institutions relationships (2)  EWS complemented by Political Dialogue (PD) (Barroso initiative launched in 2006)  EWS: strict limitations (scope, timing, thresholds) vs PD: any contribution on any document at any point in time but informal mechanism  PD: huge success (> 2 800 contributions 2009-2015) vs 3 yellow cards

  7. 3. Subsidiarity: a means to enhance NPs-EU institutions relationships (3) Opportunities: • NPs now “European actors” • Direct and constant relationship with Commission (and EP) • EWS: existence is a “threat” in itself • More visibility for NPs • Incentive to enhance interparliamentary cooperation among NPs • Incentive to conduct scrutiny and enhance relationship with governments

  8. 3. Subsidiarity: a means to enhance NPs-EU institutions relationships (4) Challenges: • EWS’s scope too narrow • Lack of common definition • Time span too reduced • Moment of NPs’ intervention in legislative procedure • Dependence on each other/imbalance in participation among NPs • Commission’s freedom to decide on outcome • Quality of answers provided by Commission

  9. 4. The way forward (1)  Need to agree on: • common format for reasoned opinion • common definition (proportionality? Legal basis?)  Timeframe & threshold: more flexibility & visibility  Commission: improvement of quality & speediness of answers & justification in legislative proposals

  10. 4. The way forward (2)  Question of impact of NPs’ reasoned opinions & contributions: crucial • Improvement in Commission’s annual reports • Introduction of an annual report by EP too?  Red card: not a solution (also negative, too limited)  Green card: interesting proposal

  11. 5. Conclusion  EWS has contributed to enhancement of relationships between NPs and EU institutions  But: NPs want to be involved beyond control of subsidiarity & have a more positive and political role

  12. Presentation by Diane Fromage Maastricht University Policy Department Citizens’ Rights and Constitutional Affairs Responsible Administrator: Eeva ERIKSSON poldep-citizens@europarl.europa.eu

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