Control of subsidiarity
The European
Parliament’s perspective
Evelyn Waldherr
23.09.20124
Content

The strengthened role of the national parliaments under the
Lisbon Treaty

Implementation of Protocol n° 2 in the EP’s rules of procedure
(Rule 42)
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Distinction between genuine reasoned opinions and political
contributions
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State of play

Outlook
EP’s main objectives in the implementation of
Protocol n° 2
In the first place, a more legalistic point of view:

Ensure full respect of the Treaty obligations. Scrutiny by national
Parliaments in conformity with the Treaty is to be considered to
constitute an essential procedural requirement. The way the EP
is dealing with reasoned opinions has to make sure that a
legislative act can not be attacked on grounds of violation of
procedural requirements following from Protocol n° 2.
Then, more content and cooperation focussed attitude:

Make sure that the full potential of legislative dialogue between
national Parliaments and the EP can be used.
Rule 42 of the EP’s rules of procedure

EP shall pay particular attention to respect for the principles of subsidiarity
and proportionality.
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Committee responsible for respect of the principle of subsidiarity = JURI

JURI may make recommendations on its own initiative to other committees
on subsidiarity issues

Reasoned opinions shall be referred to the committee responsible for the
subject matter and forwarded for information to JURI

No final vote on a report at committee stage before expiry of 8 weeks
deadline
…and when the thresholds are being reached:

1/3 = 19 votes (or ¼ = 14 votes in FSJ): standstill
during review: EP shall not take a decision until the
author of the proposal has stated how it intends to
proceed (maintain, amend or withdraw the proposal)

OLP, simple majority (29 votes): the committee
responsible having heard JURI may recommend to
reject the proposal or propose how to bring it into
conformity with the principle of subsidiarity. If majority
of votes cast in favour of rejection: end of legislative
procedure.
The thresholds are not out of reach
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The threshold of the yellow card has been reached twice:
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Monti II in May 2012: 12 out of 40 national parliaments of chambers
thereof (19 out of 54 votes) considered that the content did not conform to
the principle of subsidiarity. Subsequently, the Commission withdrew its
proposal.

EPPO proposal in October 2013: 14 chambers of national parliaments in 11
Member States. The Commission decided to maintain the proposal in view
of an enhanced cooperation.
In few cases more than 4 reasoned opinions are reached on any
legislative proposal:
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Railway package – opening of the market in 2013: 6 reasoned opinions
Maritime spatial planning and integrated coastal management: 11 reasoned opinions
Directive on a Common Consolidated Corporate Tax Base (CCCTB): 9 reasoned opinions
Temporary introduction of border control at internal borders in exceptional circumstances: 7 reasoned
opinions
Conditions of entry and residence of third-country nationals for the purposes of seasonal employment: 6
reasoned opinions
Reasoned opinions and Contributions

Reasoned opinions are submission which indicate the
non-compliance of a draft legislative act with the
principle of subsidiaity and have been communicated to
the EP within the eight week deadline.

Contributions are any other submissions by national
Parliaments which do not fulfil the criteria listed above
(legislative dialogue).
… and what about a reasoned opinion without
subsidiarity criticism?

“

after verification by the services:
As the attached document does not indicate the nonconformity of the draft legislative act with the principle of
subsidiarity, it is to be considered as a national
Parliament's contribution issued in the context of the
informal political dialogue “
borderline cases:
lack of legal basis, proportionality….
How the EP deals with reasoned opinions:
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[email protected]
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Verification by JURI secretariat
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Translation in all official languages (Good practice: courtesy translation)

Transmission to all concerned committee secretariats and interested services of the administration – included in
meeting documents; rapporteurs are systematically informed
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No vote in committees before expiry of 8 weeks period

Reference in the recitals of motions for resolutions
Common Consolidated Corporate Tax Base (CCCTB) (2011/0058CNS)
European Heritage Label (2010/0044 COD) – French Senate
Rules on imports from Greenland of fishery products (2010/0097 COD) – Italian Senate
“Having regard to the reasoned opinion submitted, within the framework of Protocol (No 2) on the
application of the principles of subsidiarity and proportionality, by the …., asserting that the draft
legislative act does not comply with the principle of subsidiarity,”
How the EP deals with contributions:
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[email protected]
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Rule 142 (4) of the EP’s Rules of procedure
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Each contribution from a national parliament is forwarded to:
- concerned committee secretariats
- political groups
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Relevant committee chairs and rapporteurs will be notified

If requested by committee chair or rapporteur, it is also being translated.
Impact of reasoned opinions
Report on “Interparliamentary relations between
the European Parliament and national
Parliaments under the Treaty of Lisbon”
2013 - 2014
State of play after almost 5 years since the
Lisbon Treaty entered into force
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486 draft legislative acts sent to national
parliaments since 1.12.2009 (482 COM and 4 MS initiatives)
1807 submissions by national Parliaments
1513 contributions
294 reasoned opinions
Organisation in the EP
Vice president Olli Rehn: responsible for relations with national
parliaments
Directorate for Relations with National Parliaments
 Legislative Dialogue Unit
 Institutional Cooperation Unit
CONNECT: On-line database of all reasoned opinions and
contributions officially received by the European Parliament;
www.connect.ep.parl.union.eu
State of play: Monthly summary table submitted to all committee
secretariats, political group staff, interested EP services and
Conference of Committee Chairs
JURI Report: presentation of all reasoned opinions received since the
last JURI meeting
Outlook

Article 12 TEU conveys to the national Parliaments the task to
contribute actively to the good functioning of the Union.
Monitoring of subsidiarity is only one aspect.

So far: the procedure has worked well. No obstruction to the
legislative activity.

Problems of subsidiarity should be detected at a pre-legislative
stage since the Commission also sends consultation papers to the
national parliaments in the framework of the “ informal political
dialogue”.

New field of cooperation between the EP and national
parliaments: scrutiny of implementation as a way to achieve better
legislation?