Early Warning Mechanism as Control Tool Compliance with the Principle of Subsidiarity in Legislative Process of the European Union (Regional Dimension)

Abstract

The subject matter of the research is legal principles regulating the mechanism of earlywarning as an instrument to monitor subsidiarity on the European Union. The aim of theresearch is the analysis of public law measures able to improve the formula (model) ofparticipating of regional parliaments in the mechanism of early warning to decrease thedeficiency of democracy caused by the dislocation scheme of various actors within theEuropean Union. The methodology of the article represents formal legal, comparative legal,historical, structural and hermeneutic methods added with analysis, synthesis, deductionand induction. The research features the problems of regulation in European lawthe participation of regional legislatures to check the compliance of legislative proposalsof the European Union to the subsidiarity principle. A special attention is given to the lackof the definition of regional parliament with legislative authorities. The article stresses theproblem of securing efficiency mechanism of early warning, determined by the necessityto comply with the principles of proportion and competencies when checking the subsidiarityin the European Union legislation project. A special attention is given to the dispositiveformula of the implementation of rights and obligations when national parliamentsconsult with regional legislatures. The article shows the optionality of regional parliamentsto conduct the control over the compliance of the European Union bill to subsidiarity. Thearticle draws the attention to the questions of the differentiation of the opportunities forregional parliaments to participate in assessing the subsidiarity in terms of the modificationof the formation of upper chambers of national parliaments. The paper arrives at theconclusion that the regional dimension of the mechanism of early warning is characterizedwith fragmentary (discreet) and optional (dispositive) forms of implementation. Constitutionallegal status of regional legislatures in terms of the mechanism of early warningis characterized with limited resources.
For citation: Irkhin I.V. (2021) Early Warning Mechanism as Control Tool Compliance with the Principle of Subsidiarity in Legislative Process of the European Union (Regional Dimension). Pravo. Zhurnal Vysshey shkoly ekonomiki, no 3, pp. 208–230 (in Russian) DOI: 10.17323/2072-8166.2021.3.208.230