2017Portuguese National Funding Agency for Science, Research and Technology (RCAAP Project by FCT)Open access

The Legisprudential Role of National Parliaments in the European Union

Luís Heleno Terrinha

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Abstract

National parliaments’ contribution to the law-making process at European level should focus on the overall rationality of the draft legislative proposals. The Early Warning Mechanism must not be limited to considerations regarding the breach of the principle of subsidiarity, but also encompass the principle of conferral and the principle of proportionality. The Political Dialogue could be enhanced to acknowledge the legisprudential role assigned to national parliaments, encompassing configurations akin to the green or red card without the need to amend the Treaties.

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National parliaments’ contribution to the law-making process at European level should focus on the overall rationality of the draft legislative proposals. The Early Warning Mechanism must not be limited to considerations regarding the breach of the principle of subsidiarity, but also encompass the principle of conferral and the principle of proportionality. The Political Dialogue could be enhanced to acknowledge the legisprudential role assigned to national parliaments, encompassing configurations akin to the green or red card without the need to amend the Treaties.

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Available abstract

National parliaments’ contribution to the law-making process at European level should focus on the overall rationality of the draft legislative proposals. The Early Warning Mechanism must not be limited to considerations regarding the breach of the principle of subsidiarity, but also encompass the principle of conferral and the principle of proportionality. The Political Dialogue could be enhanced to acknowledge the legisprudential role assigned to national parliaments, encompassing configurations akin to the green or red card without the need to amend the Treaties.

Key concepts: European union, Political science, Proportionality (law), Legislature, Legislation, Rationality, Public administration, Corporate governance

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