The Principle of Subsidiarity and its Enforcement in the EU Legal Order

In this book, Katarzyna Granat analyses and evaluates Europe's experience with the 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 to 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 Europeanisation 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 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.

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

“Katarzyna Granat's analysis is particularly thorough and addresses numerous aspects of the functioning of the EWS... Granat manages to successfully uncover several dimensions of this issue which had thus far not been examined... The issues considered in the last three chapters – principle of conferral, delegation of powers and fundamental rights – are also particularly original and will undoubtedly be useful for anyone looking at the EWS from now on. These are all but a few of the aspects that should invite scholars interested in parliamentary democracy within the EU to read this monograph.” –  Diane Fromage, Rivista di Diritti Comparati