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Meetings Calendar 2006
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Subsidiarity control

 

Monitoring the application of the principle of subsidiarity

The monitoring of the principles of subsidiarity and proportionality and the involvement of the national parliaments in the European decision-making process are already covered by two protocols to the EU and EC Treaties respectively (cf. Protocol (No 9) on the role of national parliaments in the European Union (1997); Protocol (No 30) on the application of the principles of subsidiarity and proportionality (1997).

The Constitutional Treaty provides for anchoring the national parliaments more firmly in the European decision-making process. For instance, there is provision for an “early warning mechanism”. This means that the national parliaments will receive all legislative proposals from the European Commission direct and at the same time as the Council and the European Parliament and will be able to ascertain whether they infringe the principle of subsidiarity or proportionality.

Monitoring of legislative proposals by national parliaments

The Constitutional Treaty creates a procedural system for control of compliance with the principle of subsidiarity by the national parliaments. If one-third of the national parliaments or their chambers (for Austria: National Council and Federal Council) consider that a legislative proposal from the Commission contravenes the principle of subsidiarity, the Commission must re-examine its proposal. Furthermore - to the extent that their national legal system so provides - the Member States may take action before the Court of Justice of the European Union, on their own initiative or on behalf of their national parliament or one of its chambers, on grounds of infringement of these principles.

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Date: 28.02.2006