The subsidiarity check by National Parliaments and the role of the European Court of Justice in making it work (2014:8epa)


For about fifteen years, the European Commission has taken initiatives to provide better regulation. Since the introduction of the early warning mechanism, enabling the national parliaments to have a say on whether or not the legislative proposals comply with the principle of subsidiarity, it is arguably even more important that the legislative proposals maintain a high degree of quality. This is due to the fact that the national parliaments have short time to submit their opinions. This analysis discusses the role which can be taken by the European Court of Justice to safeguard a high degree of quality in the legislative proposals, giving the national parliaments a fair chance to make use of their newly gained role in the EU legislative process.

This publication is in Swedish and is part of SIEPS´ project The Constitutional Development of the European Union.

Anna Wetter is a Senior Researcher in European Law at SIEPS.