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Subsidiarity: Mechanisms for monitoring compliance

12-07-2018

The principle of subsidiarity requires decisions to be taken at the lowest practical level of government without, however, jeopardising mutually beneficial cooperation at the supranational level. Recent decades have seen efforts to strengthen the subsidiarity principle in EU law, including the introduction of the well-known early warning mechanism (EWM) for national parliaments. At the same time, the principle of subsidiarity remains a contested notion. This has important implications for the regulatory ...

The principle of subsidiarity requires decisions to be taken at the lowest practical level of government without, however, jeopardising mutually beneficial cooperation at the supranational level. Recent decades have seen efforts to strengthen the subsidiarity principle in EU law, including the introduction of the well-known early warning mechanism (EWM) for national parliaments. At the same time, the principle of subsidiarity remains a contested notion. This has important implications for the regulatory, political and judicial bodies monitoring compliance with the principle. In this context, commentators have called for a better (and shared) understanding of the principle and have formulated a number of suggestions as to how to monitor compliance with the principle more effectively.

Iraqi Kurdistan's independence referendum

11-10-2017

On 25 September 2017, the government of the autonomous Region of Kurdistan in Iraq, under its president, Masoud Barzani, organised a referendum on independence, disregarding calls by the Iraqi central government and the international community to postpone it. The referendum was held in the Kurdistan Region's constituencies and also in the neighbouring 'disputed' territories, in particular the oil-rich area of Kirkuk, which have de facto if not legally been governed by the Kurdish authorities since ...

On 25 September 2017, the government of the autonomous Region of Kurdistan in Iraq, under its president, Masoud Barzani, organised a referendum on independence, disregarding calls by the Iraqi central government and the international community to postpone it. The referendum was held in the Kurdistan Region's constituencies and also in the neighbouring 'disputed' territories, in particular the oil-rich area of Kirkuk, which have de facto if not legally been governed by the Kurdish authorities since the moment they were recaptured from ISIL/Da'esh. Even though the 'yes' side has won, it is by no means certain that a Kurdish state will emerge in the near future. Such a state would be weakened by internal divisions and poor economic conditions. In addition, Syria, Turkey and Iran strongly condemned the referendum and have taken retaliatory action. Among other considerations, they are worried that an independent Kurdish state would encourage their own Kurdish populations to seek greater autonomy. However, the prospect of a Greater Kurdistan is remote, since the regional Kurdish landscape is dominated by the PKK (Kurdistan Workers' Party) and its affiliate parties, which do not share the Iraqi Kurdish leaders' ideology or strategic alliances. Concerned by the fragmentation of the Middle East, the EU, the USA, Russia, and most of the region's powers other than Israel, disapproved of the referendum, which took place in the context of the ongoing fight against ISIL/Da'esh, and called for negotiations within the existing Iraqi borders. This briefing updates Regional implications of Iraqi Kurdistan's quest for independence, EPRS, December 2016.

CETA ratification process: Latest developments

02-10-2017

Since June 2017, several significant developments have occurred in relation to the ratification process of the Comprehensive Economic and Trade Agreement (CETA) between the EU and Canada. This updates an earlier 'at a glance' note, published in June 2017.

Since June 2017, several significant developments have occurred in relation to the ratification process of the Comprehensive Economic and Trade Agreement (CETA) between the EU and Canada. This updates an earlier 'at a glance' note, published in June 2017.

CETA ratification process: Recent developments

21-06-2017

On 28 October 2016, the Council decided to sign the EU-Canada Comprehensive Economic and Trade Agreement (CETA), and on 15 February 2017 the European Parliament gave its consent to the agreement's conclusion. As CETA is a mixed agreement, the EU Member States are currently in the process of ratifying it in accordance with their constitutional requirements. Only after all have done so, can the Council adopt a decision to conclude CETA, after which the agreement will enter into force.

On 28 October 2016, the Council decided to sign the EU-Canada Comprehensive Economic and Trade Agreement (CETA), and on 15 February 2017 the European Parliament gave its consent to the agreement's conclusion. As CETA is a mixed agreement, the EU Member States are currently in the process of ratifying it in accordance with their constitutional requirements. Only after all have done so, can the Council adopt a decision to conclude CETA, after which the agreement will enter into force.

Regional participation in EU decision-making: Role in the legislature and subsidiarity monitoring

14-04-2016

The role of sub-national bodies in EU decision-making has grown. In this regard, significant changes were introduced by the Treaty of Lisbon, which inserted an explicit reference to the sub-national dimension of the subsidiarity principle, and granted the Committee of the Regions the right to bring an action for annulment. While the 'Early Warning Mechanism' for subsidiarity monitoring is primarily concerned with national parliaments, regional parliaments with legislative powers form a separate category ...

The role of sub-national bodies in EU decision-making has grown. In this regard, significant changes were introduced by the Treaty of Lisbon, which inserted an explicit reference to the sub-national dimension of the subsidiarity principle, and granted the Committee of the Regions the right to bring an action for annulment. While the 'Early Warning Mechanism' for subsidiarity monitoring is primarily concerned with national parliaments, regional parliaments with legislative powers form a separate category of bodies caught by the protocol and may play an advisory role. Existing research, however, points to problems and challenges which regional parliaments face in engaging in genuine subsidiarity monitoring. Ex-ante subsidiarity monitoring is complemented by the possibility of ex post judicial review. Generally, challenges to Union acts on subsidiarity grounds are infrequent. At the same time, it is agreed that the very possibility of judicial review forces greater weight to be given to subsidiarity concerns during the preparation of Union law and encourages EU institutions to consider carefully whether an issue is best addressed at the European, national, regional or local level.

Economic, Social and Territorial Situation of Sicily

15-06-2015

This in-depth analysis was written for a delegation from the Committee on Regional Development visiting Sicily. The analysis provides an overview of the region of Sicily, its political, economic and administrative system, and of the Operational Programme for the period of 2014-2020.

This in-depth analysis was written for a delegation from the Committee on Regional Development visiting Sicily. The analysis provides an overview of the region of Sicily, its political, economic and administrative system, and of the Operational Programme for the period of 2014-2020.

Assessment of programmes funded under the Instrument for Pre-accession Assistance (IPA)

30-07-2008

Executive summary The European Union supports the efforts of the Western Balkan countries for reform and regional cooperation through its Instrument for Pre-accession Assistance. Good neighbourly relations and regional cooperation remain key factors for advancing reforms in the countries with a view to EU membership. This briefing focuses on four dimensions: Interparliamentary cooperation, the free movement of people, civil society development and education. The general findings of each of the sections ...

Executive summary The European Union supports the efforts of the Western Balkan countries for reform and regional cooperation through its Instrument for Pre-accession Assistance. Good neighbourly relations and regional cooperation remain key factors for advancing reforms in the countries with a view to EU membership. This briefing focuses on four dimensions: Interparliamentary cooperation, the free movement of people, civil society development and education. The general findings of each of the sections are summarized below: Parliaments, being legislators and most important bodies of representative democracies, play a crucial role in promoting and implementing relevant reforms as well as in increasing the efficiency and transparency of the governing structures of the region. Enhanced parliamentary cooperation and parliamentary diplomacy would contribute to democratisation. The importance of parliamentary diplomacy has been acknowledged by regional organisations. The European Commission in its communication of 5 March 2008 ‘Western Balkans: Enhancing the European Perspective’ highlights the importance of parliamentary cooperation and considers the active involvement of the national parliaments a key determinant for progress for the countries’ EU integration. Most surprisingly, none of the programming documents under scrutiny is dedicated to the issue of parliamentary cooperation. Among the 9 programming documents analysed in this briefing, only the ‘Programme to support in 2007 the Special Coordinator of the Stability Pact for South Eastern Europe and the Secretary General of the Regional Cooperation Council Secretariat’1 addresses the issue of interparliamentary cooperation. The Regional Secretariat in Sofia is the main tool for the development of interparliamentary cooperation. The Regional Secretariat is acting as a liaison office for the regional parliaments and has become the main interlocutor of the European Parliament. It enables a more effective, co

Externí autor

Burcu Gültekin-Punsmann (coordinating editor and author), Tomislav Maršić, Dušan Reljić and Florian Trauner (co-authors)

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