The Principle of Subsidiarity and its Enforcement in the EU Legal Order: The Role of National Parliaments in the Early Warning System

European Union Law

The Principle of Subsidiarity and its Enforcement in the EU Legal Order: The Role of National Parliaments in the Early Warning System

By Katarzyna Granat
Hart Publishing May 2018

Specifications

ISBN-13
9781509908677
Publisher
Hart Publishing
Publication
May 2018
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

This book analyses and evaluates Europe's experience with Early Warning System (EWS) which allows national parliaments to review draft legislative acts of the European Union for their compatibility with the subsidiarity principle.

The EWS was introduced in response to the perceived `democratic deficit' of the EU and its `creeping' competences and represented one of the landmark reforms of the Lisbon Treaty. The purpose of this book is present and critically analyse the functioning of the new mechanism of subsidiarity review and the role that national parliaments have played within this system.

Compared to the existing leading publications on the Europeanization of national parliaments and contributions on the EU principle of subsidiarity, this book offers for the first time a profound legal analysis of the procedure enriched by a comprehensive empirical analysis of the actual activities of national parliaments. It is directed at scholars of EU law and policy, European and national officials and legal practitioners working in and with the national legislatures.

Table of Contents

Introduction
I. Existing Scholarship on the Subsidiarity Principle and National Parliaments
II. Research Approach
III. Structure
1. The Subsidiarity Principle in the EU Treaties
I. Introduction
II. Characteristics of the Subsidiarity Principle
III. Subsidiarity in Other Legal Systems
IV. Subsidiarity in the EU Treaties
V. Subsidiarity in the Court of Justice
VI. Reasons for Introduction of the EWS
VII. Conclusion
2. The Involvement of National Parliaments and the EWS
I. Introduction
II. The Growing Role of National Parliaments in the EU Treaties
III. The Design of the EWS
IV. The ‘Barroso Initiative’
V. The EWS in Interparliamentary Cooperation
VI. Conclusion
3. The Scope and Application of the EWS
I. Introduction
II. Scope of the Reasoned Opinions Under Protocol No 2
III. Comparison of the First Three ‘Yellow Cards’
IV. Consequences of the ‘Yellow Cards’
V. Observations on the Practice of the EWS
VI. Conclusion
4. Design of the Subsidiarity Review at the National Level
I. Introduction
II. Institutional Evolution of National Parliaments
III. Analysis of Constitutional Jurisprudence
IV. Overview of Scrutiny Types
V. Comparison of Procedures
VI. The Impact of the Ex Ante Subsidiarity Review Design on the Number of Reasoned Opinions
VII. Conclusion
5. The EWS Within National Political Systems
I. Introduction
II. Government, Majority and Opposition in EU Affairs
III. Research Approach
IV. Analysis of the Data
V. Analysis of the Debates
VI. Conclusion
6. Principle of Conferral Under Protocol No 2
I. Introduction
II. The Question of EU Competence
III. Reasoned Opinions Concerning Violation of the Principle of Conferral
IV. Special Cases: Article 114 and Article 352 TFEU
V. Case Study: The ‘Yellow Card’ on the Right to Strike Proposal
VI. Conclusion
7. Subsidiarity and the Delegation of Power in the EU
I. Introduction
II. Delegated and Implementing Acts
III. Case Study of the Proposal for a Tobacco Products Directive
IV. Assessment
V. Conclusion
8. Subsidiarity and Fundamental Rights Legislation
I. Introduction
II. Fundamental Rights in the EU Draft Legislative Acts
III. Fundamental Rights in the Reasoned Opinions
IV. Case Study of a ‘Genuine’ Fundamental Rights Proposal
V. Scrutiny of Fundamental Rights Proposals Within the EWS
VI. Conclusion
Conclusion
I. Findings of the Book
II. The EWS as an Answer to the ‘Democratic Deficit’ and ‘Competence Creep’?
III. Outlook: Reform Proposals
HKD 1,261.00 −3%
HKD 1,300.00

Inclusive of HK delivery

Ready to ship
Delivery Time: around 4-5 weeks
Extra 10 working days if shipping address outside Hong Kong
  • Free HK shipping over HK$1,000
  • International shipping to 35+ countries
Order Form
Save

Recommended

You may also be interested in these books:

More titles from European Union Law

View all
Foundations of Property Law: Things as Objects of Property Rights
Oxford University Press

Foundations of Property Law: Things as Objects of Property Rights

Christian Von Bar; Jason Grant Allen
HKD 1,954.55
The Legal Order of the European Union: The Institutional Role of the European Court of Justice
Routledge

The Legal Order of the European Union: The Institutional Role of the European Court of Justice

Timothy Moorhead
HKD 642.98
Foster on EU Law, 8th Edition
Oxford University Press

Foster on EU Law, 8th Edition

Nigel Foster
HKD 579.93
An Introduction to European Law 3rd Edition
Oxford University Press

An Introduction to European Law 3rd Edition

Robert Schutze
EU Administrative Law New
Edward Elgar Publishing

EU Administrative Law

Diana-Urania Galetta; Jacques Ziller
HKD 453.33
European Union Law: Text and Material 5th Edition
Cambridge University Press

European Union Law: Text and Material 5th Edition

Damian Chalmers; Gareth Davies; Giorgio Monti; Veerle Heyvaert
HKD 629.53