IDEAS home Printed from https://ideas.repec.org/a/bla/jcmkts/v59y2021i6p1573-1589.html
   My bibliography  Save this article

From Legal to Political Reasoning: National Parliaments' Use of Reasoned Opinions in the Area of Freedom, Security and Justice

Author

Listed:
  • Angela Tacea

Abstract

The Lisbon Treaty emphasized the importance of subsidiarity control in relation to the Area of Freedom, Security and Justice (AFSJ). The article demonstrates that the types of reasoning national parliaments use to raise subsidiarity objections in the AFSJ depend less on the institutional strength of national parliaments in EU affairs and more on the institutional evolution and material scope of EU proposals. Relying on the AFSJ case, the article shows that national parliaments use a narrow legal interpretation of subsidiarity when the EU legislation threatens Member States' legal traditions and State powers. However, concerns about the respect of national legal diversity are replaced by a more political approach to subsidiarity control when politically sensitive and contentious issues are at stake.

Suggested Citation

  • 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.
    • Handle: RePEc:bla:jcmkts:v:59:y:2021:i:6:p:1573-1589
    DOI: 10.1111/jcms.13213
    as

    Download full text from publisher

    File URL: https://doi.org/10.1111/jcms.13213
    Download Restriction: no
    File URL: https://libkey.io/10.1111/jcms.13213?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    References listed on IDEAS

    as
    1. Martijn Huysmans, 2019. "Euroscepticism and the Early Warning System," Journal of Common Market Studies, Wiley Blackwell, vol. 57(3), pages 431-447, May.
    2. 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.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. 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.
    2. 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).
    3. 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.
    4. Giesing, Yvonne & Schikora, Felicitas, 2023. "Emigrants’ missing votes," European Journal of Political Economy, Elsevier, vol. 78(C).

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:bla:jcmkts:v:59:y:2021:i:6:p:1573-1589. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Wiley Content Delivery (email available below). General contact details of provider: http://www.blackwellpublishing.com/journal.asp?ref=0021-9886 .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.