The Second Yellow Card on the EPPO Proposal: An Encouraging Development for Member State Parliaments?

Awdur (Person)
Teitl y Gyfres
Manylion y Gyfres Cyfrol 35, Rhif 1, Tudalennau 5-27
Dyddiad Cyhoeddi December 2016
Math o Gynnwys


This article discusses the Early Warning Mechanism. This mechanism allows national parliaments to express concerns regarding the respect of the principle of subsidiarity of new EU legislative proposals affecting non-exclusive competences. However, the mechanism has only been activated twice, resulting in two yellow cards. Criticisms of its efficiency and usefulness have therefore been sharp and numerous.

This article first highlights the content of the proposal for the establishment of the European Public Prosecutor’s Office (EPPO) and the context in which it was issued before the Commission’s justification of its proposal is analysed. Then, the article discusses the objections made by national parliaments and the answer given by the Commission. Finally, an assessment of the meaning of this second yellow card for the participation of national parliaments in the subsidiarity check in general is made.

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