Twists and Turns in Implementation of Subsidiarity in the European Union
The author of the article considers two facets of practical implementation of the subsidiarity principle in the EU - legal and political. Talking about the first facet, the author reveals the tendencies in quality development (modification) of assessment of compliance with the subsidiarity principle in EU legislative acts given in decisions of the European Court of Justice. Turning to the second facet, the author analyzes the role of national parliaments of the EU member states in the process of ensuring respect for the subsidiarity principle in the EU legislative process. The author also makes it clear that the principle of subsidiarity is implemented under EU law not just though its routine application by various institutions but as a result of their consistent interaction. The inter-institutional dimension of the practical implementation of the subsidiarity principle is most relevant to the dynamism and blended political and legal nature of this principle. The author stresses that national parliaments may get a wider recognition of their subsidiarity concerns by the EU legislative institutions not through triggering “yellow” and “orange” cards procedures applied in regards to draft legislation already issued by the relevant EU institutions but rather via developing a political dialogue with the EU institutions at early stages of the EU legislative process when it is possible to take care of the subsidiarity principle without diminishing the political influence of the EU legislative institutions. For example, national parliaments may gain political weight in the European law making through encouraging the Commission to leverage the so-called “green card” procedure. Complemented by the “yellow” and “orange” card provisions, it forms a three-element subsidiarity review mechanism perfectly capable of dealing with subsidiarity concerns of national parliaments at various stages of the EU law-making process, thus transforming the chambers from wardens into partners working together with the Commission to reshape EU legislative proposals for the sake of better regulation.