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

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

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781509908677
  • 出版时间 May 2018
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Paperback Edition ISBN: 9781509941179
US$154.38
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  • 描述 
  • 大纲 
  • 详细

    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.

  • 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

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