Principle of Subsidiarity and its Enforcement in the EU Legal Order

Katarzyna Granat is Junior Research Fellow and Marie Curie Fellow at Durham Law School.

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.

• 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 EWSVI. 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