Refraiming Subsidiarity Inquiry Form: From an "EU Value-Added" to an "EU non encroachment test"?: Some Insights From National Parliaments Reasoned Opinion

Abstract

The principle of subsidiarity was introduced within European Treaties to prevent EU’s increasing competences from encroaching upon the power of lower levels of government. Nevertheless, the way in which the principle of subsidiarity has been operationalized (through so called “comparative efficiency test”) has decisively favored EU action, which is usually deemed to be the most suitable to achieve European objectives. This paper aims at assessing: first, if and to what extent national Parliaments, as national actors exercising their monitoring functions in the context of the early warning system, could reframe subsidiarity inquiry from a “comparative efficiency test” to a sort of “non encroachment (upon Member States) test”; second, if and to what extent Art. 4.2 TEU, aimed at protecting Member States national identities and essential State functions, could help in this respect. To this purpose, several national Parliament’s reasoned opinions mentioning the concept of national identities will be analysed.The principle of subsidiarity was introduced within European Treaties to prevent EU’s increasing competences from encroaching upon the power of lower levels of government. Nevertheless, the way in which the principle of subsidiarity has been operationalized (through so called “comparative efficiency test”) has decisively favored EU action, which is usually deemed to be the most suitable to achieve European objectives. This paper aims at assessing: first, if and to what extent national Parliaments, as national actors exercising their monitoring functions in the context of the early warning system, could reframe subsidiarity inquiry from a “comparative efficiency test” to a sort of “non encroachment (upon Member States) test”; second, if and to what extent Art. 4.2 TEU, aimed at protecting Member States national identities and essential State functions, could help in this respect. To this purpose, several national Parliament’s reasoned opinions mentioning the concept of national identities will be analysed.Refereed Working Papers / of international relevanc