“SUBSIDIARITY CHECK: PRACTICAL APPLICATION AT THE EU NATIONAL PARLIAMENTS” The Seimas, Constitution Hall Vilnius, 22 September 2014 National Parliaments and EU law: subsidiarity policing as a Europeanisation device Dr Davor Jancic British Academy Newton Fellow London School of Economics and Political Science (LSE) Department of Law, Houghton Street, London – UK [email protected] Contents 1) NPs’ role in the EU 2) Subsidiarity as an EU principle 3) Subsidiarity Vs policy scrutiny 4) Subsidiarity as substitute for sovereignty? 5) EWM Vs Barroso Initiative 6) Practice of subsidiarity policing 7) Concluding remarks NPs’ role in the EU Good functioning of the EU [Art. 12 TEU] Principle of sincere cooper. [Art. 4(3) TEU] Governments accountable to NPs as a matter of EU law [Art. 10(2) TEU] Respect for national identity [Art. 4(2) TEU] Subsidiarity as an EU principle Founding EU principles: Conferral – Subsidiarity – Proportionality Competence delimitation Shared Vs Exclusive and Supporting Subsidiarity Vs policy scrutiny Political opportuneness Vs substance Procedural elements to consider: - Commission to consult widely - Justification via detailed statement (financial impact, quantitative & qualitative indicators) - Financial and admin burden (minimal & commensurate) EU inst scrutiny Vs Govt scrutiny Subsidiarity as sovereignty substitute Legislative function compensated? Accountability function compensated? Relations with the EP? 2014 EP resolutions Relations with the ECJ? Infringement actions EWM Vs Barroso Initiative Scope: narrow vs wide Effects: legal vs political Nature: formal vs informal Reform of Barroso Initiative post-crisis Juncker Initiative? Practice of subsidiarity policing 2 yellow cards – any sign of Commission constraint? Mixed bag of assessments – smuggling non-subsidiarity elements? Red card a solution? Concluding remarks Europeanisation catalyst – activation of NPs Content-neutrality drawback Not a satisfactory solution for EU democracy Parliaments: legislatures to ‘dispatchers’, policy shaping to gatekeeping Govt accountability should not be neglected Euro crisis impact?