“Yellow card, but no foul”: The role of the national parliaments under the subsidiarity protocol and the Commission proposal for an EU regulation on the right to strike

  title={“Yellow card, but no foul”: The role of the national parliaments under the subsidiarity protocol and the Commission proposal for an EU regulation on the right to strike},
  author={Federico Fabbrini and Katarzyna Granat},
  journal={Common Market Law Review},
The article analyses the role of the national Parliaments under the Subsidiarity Protocol, taking the recent Commission proposal for a regulation on the exercise of the right to strike and the reaction of national Parliaments as a case study. In this case, for the first time since the entry into force of the Lisbon Treaty, national Parliaments activated the "yellow card" procedure set up by Protocol No. 2 to ensure compliance by the EU institutions with the principle of subsidiarity. The… 

A yellow card for the striker: national parliaments and the defeat of EU legislation on the right to strike

ABSTRACT In May 2012 national parliaments of the European Union (EU) issued their first yellow card under the Early Warning Mechanism of the Treaty of Lisbon. A sufficient number of them raised

The EPPO Draft Regulation Passes the First Subsidiarity Test: An Analysis and Interpretation of the European Commission's Hasty Approach to National Parliaments’ Subsidiarity Arguments

Abstract This contribution discusses National Parliaments’ subsidiarity objections raised in the context of the Early Warning Mechanism (EWM) to the European Public Prosecutor Office proposal, and

Subsidiarity as Judicial and Legislative Review Principles in the European Union

The founding Treaties of the European Union make clear that subsidiarity is a judicially enforceable legal principle. However, the case law of the Court of Justice reveals that the enforcement of

Recasting Monism and Dualism in European Parliamentary Law: The Lisbon Treaty in Britain and France

This chapter analyses the relevance of international law concepts of monism and dualism in the legal and political system of the European Union through the lens of national parliaments as inescapable

Scrutiny of the Principle of Subsidiarity in the Parliament of the Czech Republic

Parliaments of EU member states have become involved in the monitoring and scrutiny of EU affairs. The Parliament of the Czech Republic is no exception. This paper attempts to summarize and evaluate

National parliaments in the democratic politics of the EU: the subsidiarity early warning mechanism, 2009–2017

  • I. Cooper
  • Political Science
    Comparative European Politics
  • 2018
With the Early Warning Mechanism (EWM), the Treaty of Lisbon empowered national parliaments to collectively intervene in the EU’s legislative process. Yet at first glance their impact seems to have

Competing Concepts of Subsidiarity in the Early Warning Mechanism

The essay aims at analysing how the relationship between parliaments in the European Union (EU) – the European, the national and the regional parliaments – are shaped after the coming into force of

Beyond Legislative Veto Power: The Transformative Effects of the Early Warning System for Subsidiarity Control Ten Years Down the Line

The majority of European Union (EU) studies tend to be critical of the Early Warning System (EWS) for subsidiarity control, deeming it as ineffective in blocking unwanted EU legislation. Against this

The Swedish Riksdag as Scrutiniser of the Principle of Subsidiarity

This article provides a case study of the scope of subsidiarity review exercised by the Swedish Riksdag within the Early Warning Mechanism (EWM). It takes its starting point in the theoretical debate

Discussing Subsidiarity in Terms of Justification

  • O. Pimenova
  • Business, Law
    Politikon: The IAPSS Journal of Political Science
  • 2021
This article attempts to study the inter-institutional dimension of the practical implementation of the subsidiarity principle in the EU legislative process. The main research question is whether the