Reconstructing the early warning system on subsidiarity: the Case for political Judgment

• Autores: Marco Goldoni
• Localización: European law review, ISSN 0307-5400, Nº 5, 2014, págs. 647-663
• Idioma: inglés
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• Resumen

  • The Early Warning System (EWS) has been understood as a device for two functions: enhancing the democratic quality of EU law-making and improving subsidiarity review. After having criticised the two most common interpretations of the EWS as a deliberative exercise or as an advisory mechanism, the article proposes to look at the function of the EWS from the perspective of European integration. In this way, a different light is shed on the role of national parliaments. It is suggested that, in light of three factors (legal, practical and political), national parliaments ought to apply the EWS in a political rather than strictly formal way and they should use the EWS for protecting the constitutional essentials of their domestic orders.