Making Sense of Subsidiarity and the Early Warning Mechanism – A Constitutional Dialogue?

Abstract:

Through the Lisbon Treaty, the national parliaments were entrusted with the task of reviewing proposals of EU legislation in the light of the principle of subsidiarity, a task which in the special protocol on subsidiarity is called the Early Warning Mechanism. In this analysis the author argues that the review should be seen as a constitutional dialogue and not as a narrow legal control.

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