Reconstructing the early warning system on subsidiarity: the case for political judgment

Publishers Abstract:
Presents an alternative interpretation of the function of the early warning system (EWS) on subsidiarity. Discusses the reasons for its introduction and challenges popular views that it serves as an advisory mechanism or deliberative exercise for increasing the legitimacy of EU law-making. Explains how, from an integration perspective, the EWS contributes to the distribution of constitutional functions and should be used by national parliaments to protect essential aspects of their constitution.