Much has changed in European constitutional law after the Lisbon Treaty, not least the efforts to increase democratic legitimacy by engaging national legislatures and introducing a stricter subsidiary review process, namely the Early Warning Mechanism (EWM). This collection looks at how national parliaments have adapted to their new roles and looks at how the new system has impacted on relations between the EU legislative bodies and national parliaments. A team of experts from across Europe explore the effect of the EWM on the national constitutional orders; analyse the regional impact of EWM and evaluate the new system of scrutiny.
Much has changed in European constitutional law after the Lisbon Treaty, not least the efforts to increase democratic legitimacy by engaging national legislatures and introducing a stricter subsidiary review process, namely the Early Warning Mechanism (EWM). This collection looks at how national parliaments have adapted to their new roles and looks at how the new system has impacted on relations between the EU legislative bodies and national parliaments. A team of experts from across Europe explore the effect of the EWM on the national constitutional orders; analyse the regional impact of EWM and evaluate the new system of scrutiny.
The major Commentary on the Treaty on European Union (TEU) is a European project that aims to contribute to the development of ever closer conceptual and dogmatic standpoints with regard to the creation of a “Europeanised research on Union law”. This publication in English contains detailed explanations, article by article, on all the provisions of the TEU as well as on several Protocols and Declarations, including the Protocols No 1, 2 and 30 and Declaration No 17, having steady regard to the application of Union law in the national legal orders and its interpretation by the Court of Justice of the EU. The authors of the Commentary are academics from ten European states and different legal fields, some from a constitutional law background, others experts in the field of international law and EU law professionals. This should lead to more unity in European law notwithstanding all the legitimate diversity. The different traditions of constitutional law are reflected and mentioned by name thus striving for a common framework for European constitutional law.
This book offers a comprehensive systematic analysis of the European Union’s Early Warning System (EWS) for subsidiarity, which was introduced by the Treaty of Lisbon. The book includes both a detailed theoretical analysis of the EWS as well as an assessment of how national parliaments have responded to EU legislative proposals under the system. Philipp Kiiver explores whether the EWS could function as a mechanism of legal accountability offering a partial remedy to the European Union’s much-discussed accountability deficit. The Early Warning System for the Principle of Subsidiarity provides an overview of the historical developments of national parliamentary involvement in the EU and also considers the broader implications of the EWS, including its relationship to democracy and legitimacy. The book will be of particular interest to academics and students of EU Law, Constitutional Law and Political Science.
In an attempt to strengthen the legitimacy of European Union (EU) policy-making, the 2009 Lisbon Treaty strengthened the principle of parliamentary control in EU affairs. This pertains to parliaments at all levels ranging from the regional to the supranational level. This book analyses the potential of regional parliaments – the parliaments closest to the citizens – to engage in EU affairs and to fill the perceived legitimacy gap. Eight member states have a total of 73 regional parliaments with legislative powers, and there are further trends towards decentralization in Europe. On its quest to understand the role that regional parliaments can plan in the EU multi-level parliamentary system, the book addresses key questions: What are the formal powers and functions of regional parliaments in EU policy-making? How do they use their powers in practice? How active are they in EU politics, and what do they try to achieve? What factors can explain their degree of (in-)activity? The chapters in this book were originally published in a special issue of The Journal of Legislative Studies.
It was a great pleasure to find such a rich analysis of the role of national parliaments in the EU. What I particularly like - and what proves to be particularly fruitful is the combination of perspectives; the EU law and national constitutional perspective including a comparative dimension, the perspective that explains the role of national parliaments in the EU from past to present (and even near future) and last but not least, the perspective of the interaction between the legal frameworks and the political reality. There is every reason to congratulate Adam Cygan wholeheartedly on this book. Ton Van Den Brink, Europa Instituut Utrecht, The Netherlands One of the most outstanding specialists on the role of national parliaments in the EU has produced another impressive book about this dynamic topic. It provides an illuminating overview of current practices, it sharply analyses the legal status quo, and it brings theoretical depth to the topic in multiple perspectives. Olaf Tans, Amsterdam University College, The Netherlands This accessible and detailed book takes an interdisciplinary approach in exploring the position of national parliaments in the EU polity and in particular their position within the EU governance framework. Adam Cygan analyses the impact of subsidiarity monitoring upon national parliaments and to what extent this provides new opportunities for national parliaments to be engaged in, and exert influence over, the EU legislative process. While the post-Lisbon position of national parliaments may have improved, this book questions whether national parliaments can really be considered as central actors in EU affairs. The author also queries whether subsidiarity monitoring has the capacity to create a collective bloc of horizontal actors which exert effective accountability over the EU legislative process. Accountability, Parliamentarism and Transparency in the EU will strongly appeal to academics, parliamentarians/parliamentary officials working in EU affairs, as well as EU civil servants.
A critical assessment by eminent legal and political science experts in the field, this book examines the two key factors which have deeply affected the position of national parliaments in European integration: the entry into force of the Lisbon Treaty and the sovereign debt crisis in the Eurozone. Structured in three parts, the book will address the question, 'Do national parliaments exhibit resilience or resignation in these changed politico-legal and socio-economic circumstances in the EU?' Part I investigates the impact of the aforementioned factors against the theoretical concepts of constitutionalism and democratic legitimacy. Part II evaluates the changing nature of parliamentary functions, and Part III appraises the evolving relationships between national parliaments and national governments, national courts, and EU institutions, in addition to surveying the emerging patterns of interparliamentary cooperation. This interdisciplinary collection yields novel insights into how the deepening of the Economic and Monetary Union and the pursuance of new initiatives for parliamentary action impact the shape and nature of EU democracy.
Oversight of executives has always been a key function of parliaments and one that is central to developing the relationship between the executive and legislative branches of government. However, in reality governments are taking a more pronounced role in controlling legislation, diluting the influence of parliament. This book plots this trend in parliaments across Europe, to illustrate points of convergence and divergence. In so doing, it suggest tools and methods that parliaments can develop to bolster their crucial oversight role.
