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The Watchdogs of Subsidiarity: National Parliaments and the Logic of Arguing in the EU

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  • IAN COOPER

Abstract

The 2004 Constitutional Treaty features an ‘early warning system’ (EWS) in which national parliaments will scrutinize European legislative proposals to assess whether they comply with the principle of subsidiarity. In constructivist terms, this procedure effectively sets up the Commission and the national parliaments as interlocutors in an argument over when and how the EU should legislate. At a minimum, this system – which should be expanded to include proportionality – will alleviate the ‘democratic deficit’ by enhancing the parliamentary scrutiny of EU legislation. If it works well, it will improve the subsidiarity compliance of EU legislation and produce a clearer substantive definition of the principle.

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  • Ian Cooper, 2006. "The Watchdogs of Subsidiarity: National Parliaments and the Logic of Arguing in the EU," Journal of Common Market Studies, Wiley Blackwell, vol. 44(2), pages 281-304, June.
    • Handle: RePEc:bla:jcmkts:v:44:y:2006:i:2:p:281-304
    DOI: 10.1111/j.1468-5965.2006.00623.x
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    Cited by:

    1. Tracy H. Slagter, 2009. "National Parliaments and the ECJ: A View from the Bundestag," Journal of Common Market Studies, Wiley Blackwell, vol. 47, pages 175-197, January.
    2. Tracy H. Slagter, 2009. "National Parliaments and the ECJ: A View from the Bundestag," Journal of Common Market Studies, Wiley Blackwell, vol. 47(1), pages 175-197, January.
    3. Angela Tacea, 2021. "From Legal to Political Reasoning: National Parliaments' Use of Reasoned Opinions in the Area of Freedom, Security and Justice," Journal of Common Market Studies, Wiley Blackwell, vol. 59(6), pages 1573-1589, November.
    4. Benz, Arthur & Zimmer, Christina, . "The EU’s competences: The ‘vertical’ perspective on the multilevel system," Living Reviews in European Governance (LREG), Institute for European integration research (EIF).

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