Twists and Turns in Implementation of Subsidiarity in the European Union

Abstract

The author of the article considers two facets of practical implementation of the subsidiarityprinciple in the EU — legal and political. Talking about the first facet, the author revealsthe tendencies in quality development (modification) of assessment of compliance withthe subsidiarity principle in EU legislative acts given in decisions of the European Court ofJustice. Turning to the second facet, the author analyzes the role of national parliamentsof the EU member states in the process of ensuring respect for the subsidiarity principlein the EU legislative process. The author also makes it clear that the principle of subsidiarityis implemented under EU law not just though its routine application by various institutionsbut as a result of their consistent interaction. The inter-institutional dimension of thepractical implementation of the subsidiarity principle is most relevant to the dynamismand blended political and legal nature of this principle. The author stresses that nationalparliaments may get a wider recognition of their subsidiarity concerns by the EU legislativeinstitutions not through triggering “yellow” and “orange” cards procedures appliedin regards to draft legislation already issued by the relevant EU institutions but rather viadeveloping a political dialogue with the EU institutions at early stages of the EU legislativeprocess when it is possible to take care of the subsidiarity principle without diminishingthe political influence of the EU legislative institutions. For example, national parliamentsmay gain political weight in the European law making through encouraging the Commissionto leverage the so-called “green card” procedure. Complemented by the “yellow”and “orange” card provisions, it forms a three-element subsidiarity review mechanismperfectly capable of dealing with subsidiarity concerns of national parliaments at variousstages of the EU law-making process, thus transforming the chambers from wardens intopartners working together with the Commission to reshape EU legislative proposals forthe sake of better regulation.
For citation: Pimenova O.I. (2019) Twists and Turns in Implementation of Subsidiarity in the European Union. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 4, pp. 144–163 (in Russian) DOI: 10.17323/2072-8166.2019.4.144.163