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 early warning as an instrument to monitor subsidiarity on the European Union. The aim of the research is the analysis of public law measures able to improve the formula (model) of participating of regional parliaments in the mechanism of early warning to decrease the deficiency of democracy caused by the dislocation scheme of various actors within the European Union. The methodology of the article represents formal legal, comparative legal, historical, structural and hermeneutic methods added with analysis, synthesis, deduction and induction. The research features the problems of regulation in European law the participation of regional legislatures to check the compliance of legislative proposals of the European Union to the subsidiarity principle. A special attention is given to the lack of the definition of regional parliament with legislative authorities. The article stresses the problem of securing efficiency mechanism of early warning, determined by the necessity to comply with the principles of proportion and competencies when checking the subsidiarity in the European Union legislation project. A special attention is given to the dispositive formula of the implementation of rights and obligations when national parliaments consult with regional legislatures. The article shows the optionality of regional parliaments to conduct the control over the compliance of the European Union bill to subsidiarity. The article draws the attention to the questions of the differentiation of the opportunities for regional parliaments to participate in assessing the subsidiarity in terms of the modification of the formation of upper chambers of national parliaments. The paper arrives at the conclusion that the regional dimension of the mechanism of early warning is characterized with fragmentary (discreet) and optional (dispositive) forms of implementation. Constitutional legal status of regional legislatures in terms of the mechanism of early warning is characterized with limited resources.
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