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EN
In the new institutional perspective of the Lisbon Treaty both national and regional parliaments have been granted new competences in the field of subsidiarity monitoring. They faced the challenge of fulfilling new duties as “guardians” of subsidiarity in the so called “early warning system” (EWS) introduced by the Lisbon Treaty. Almost two years aft er the Treaty’s entry into force there remains a degree of uncertainty about the role of legislative chambers in the EWS. This article investigates the recent developments in the field of subsidiarity checks at the national and subnational levels in order to determine the drivers and hindering factors of the evolution towards effective multilevel parliamentary cooperation in the ex-ante EU policy control.
EN
One of the main promises of the Treaty of Lisbon was to increase the democratic legitimacy of the European Union through strengthening the role of national parliament’s in EU policy-making under so-called "Early Warning System" (EWS) for subsidiarity control. However, introduction of the EWS has met with some criticism in the academic literature. Scholars claim that the mechanism not only fails to alleviate the democratic deficit, but it also obfuscates the existing channels of delegation and accountability in the EU. Moreover, it has been predicted that the EWS will remain a mere "window dressing", largely unexploited by national assemblies, let alone the subnational parliaments. This article addresses the above-mentioned criticisms four years after the entry into force of the Lisbon provisions. On the basis of an empirically grounded analysis, this article identifies and evaluates positive effects of the EWS with respect to both the input and output legitimacy of the EU. The article posits that the unintended (spill-over) effects of the EWS allow for its broader conceptualisation as (1) a disciplining tool for a better regulatory environment; (2) a representation and accountability enhancing mechanism; (3) an opportunity structure for increasing parliamentary control of the executive an (4) a Europeanization mechanism.
XX
This article explains the relationship between subsidiarity and legitimacy of policies designed at EU level. Through means of theoretically informed analysis this paper claims that if the principle of subsidiarity is respected and implemented throughout the policy process, EU policy-making can aspire to satisfy the condition of both input and output legitimacy. The empirical part of the paper shows how, through a subsidiarity control mechanism known as the Early Warning System, national parliaments can collectively fulfill representative and deliberative functions in EU policy-making. Conclusions about the changing dynamics in parliamentary modus operandi in the field of EU affairs lead to forming a set of recommendations for further research.
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