Jörgen Hettne
Professor, Head of the Department of Business Law
Making Sense of Subsidiarity and the Early Warning Mechanism – A Constitutional Dialogue?
Author
Summary, in English
The new European Commission took office on 1 November 2014, with a number of structural changes including the creation of a First Vice-President, a responsibility given to the former Dutch Foreign Minister Frans Timmermans. The First Vice-President will ensure that every Commission proposal respects the principles of subsidiarity and proportionality. If the Commission pays more attention to the principle of subsidiarity and treats it more as a political commitment than a constitutional barrier, it is possible that the demand for strengthening the control of national parliaments in the Early Warning Mechanism (EWM) will dissipate. The new Commission’s high level of interest in the principle of subsidiarity also means that this is an excellent moment to evaluate the present mechanism and to present some ideas on how subsidiarity can better be observed in a more comprehensive system in which the ex ante control is considered in a broader political perspective and is seen as a more independent way of promoting the democratic legitimacy of Union legislation.
Department/s
- Department of Business Law
- Lund University Centre for Business Law (Swedish abbr: ACLU)
Publishing year
2015
Language
English
Publication/Series
European policy analysis
Links
Document type
Report
Publisher
Swedish Institute of European Policy Studies
Topic
- Law
Keywords
- Subsidiarity
- National parliaments
- EU Law
Status
Published
Report number
2014:9
Research group
- Lund University Centre for Business Law (Swedish abbr: ACLU)