DIRECTORATE GENERAL FOR INTERNAL POLICIES

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Presentation transcript:

DIRECTORATE GENERAL FOR INTERNAL POLICIES CONSTITUTIONAL AFFAIRS Subsidiarity as a means to enhance cooperation between EU institutions and national parliaments

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

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”

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

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)

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

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

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

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

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

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

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