IMPLICATIONS REGARDING THE SUBSIDIARITY CONTROL MECHANISM IN THE EUROPEAN UNION
IMPLICATIONS REGARDING THE SUBSIDIARITY CONTROL MECHANISM IN THE EUROPEAN UNION

Summary/Abstract: This paper addresses some issues raised by the subsidiarity controlmechanism, a mechanism that allows EU national parliaments to send reasonedopinions where they consider that a legislative draft act does not comply with theprinciple of subsidiarity. The application of this mechanism is done in areas where theUnion has common competences with the member states and does not apply in areaswhere the EU has exclusive competence and nor to documents without legislativecharacter such as communications or green cards.Protocol no. 2 on the application of the principles of subsidiarity andproportionality annexed to the Lisbon Reform Treaty contains the rules that apply inthis control mechanism. Thus, there are provided several steps called “yellow cards”and “orange cards”. The Commission responds to all reasoned opinions received fromnational parliaments. But the number of opinions on a particular proposal, expressedwithin eight weeks from the submission of the respective proposal, has an impact on thelegislative procedure.

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