Pierwszy wypadek zastosowania mechanizmu żółtej kartki – opinie parlamentów dotyczące rozporządzenia Monti II
THE FIRST APPLICATION OF THE YELLOW CARD MECHANISM – PARLIAMENTS’ OPINIONS ON THE PROPOSED MONTI II II REGULATION
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The article attempts to give a comprehensive analysis of the first application of the so called yellow card mechanism provided for in the Protocol on the application of the principles of subsidiarity and proportionality and introduced by the Lisbon Treaty. The special focus is given to three issues: the quality of the EC explanatory memorandum, the differences in the scope of national parliaments’ reasoned opinions and the legal basis of the proposed regulation, which was the factor that motivates parliaments and determines the EC’s decision. The author suggests that these three aspects in the case of the proposal for Monti II Regulation confirm opinions formulated earlier in the literature, that the procedure for subsidiarity scrutiny can have significant legal and political implications.
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