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National Parliaments and Political Control of EU Competences

Öberg, Jacob LU (2018) In European Public Law 24(4). p.695-731
Abstract
It is clear that the formal inclusion of the national parliament as a political actor within the EU decision-making process has been one of the most important innovations of the Lisbon Treaty.Their role, however, remains controversial. It is on the one hand disputed whether national parliaments enjoy sufficient powers to tame'competence creep’. On the other hand, it is contested to what extent it is desirable that they should become involved as a legislative actor in the EU’s
decision-making procedure. This essay contributes to these debates by critically examining to what extent national parliaments can contribute to the enforcement of the subsidiarity principle. The article contends that national parliaments by having taken a too... (More)
It is clear that the formal inclusion of the national parliament as a political actor within the EU decision-making process has been one of the most important innovations of the Lisbon Treaty.Their role, however, remains controversial. It is on the one hand disputed whether national parliaments enjoy sufficient powers to tame'competence creep’. On the other hand, it is contested to what extent it is desirable that they should become involved as a legislative actor in the EU’s
decision-making procedure. This essay contributes to these debates by critically examining to what extent national parliaments can contribute to the enforcement of the subsidiarity principle. The article contends that national parliaments by having taken a too expansive view of their remit
under Protocol No 2 appears to have‘misunderstood' their role within the EU- decision making procedure. Notwithstanding this, it is sustained that national parliaments could, in the absence of other trustworthy safeguards of federalism, be seen as a promising avenue for legitimate political control of the exercise of EU competences (Less)
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author
organization
publishing date
type
Contribution to journal
publication status
published
subject
keywords
EU-law, EU-rätt
in
European Public Law
volume
24
issue
4
pages
36 pages
publisher
Kluwer Law International
external identifiers
  • scopus:85057430798
ISSN
1354-3725
language
English
LU publication?
yes
additional info
Associate Professor in Law/Postdoctoral Fellow in Law, Lund University. Email: Jacob.Oberg@jur.lu.se.Discussions with many academic colleagues and friends have contributed to this article. I would wish to particularly acknowledge the valuable comments and constructive criticisms from Kasia Granat, Loïc Azoulai, Damian Chalmers, Anna-Jonsson Cornell, Jörgen Hettne, Ulf Bernitz, Valsamis Mitsilegas and John Bell. The editors of European Public Law, Patrick Birkinshaw and Mike Varney and the anonymous reviewer deserve a special acknowledgment, as their comments and proposals really helped in improving the final form of the article
id
d4734bad-c97f-4ef1-abea-f88606213520
date added to LUP
2018-11-09 11:28:48
date last changed
2020-12-29 01:07:49
@article{d4734bad-c97f-4ef1-abea-f88606213520,
  abstract     = {It is clear that the formal inclusion of the national parliament as a political actor within the EU decision-making process has been one of the most important innovations of the Lisbon Treaty.Their role, however, remains controversial. It is on the one hand disputed whether national parliaments enjoy sufficient powers to tame'competence creep’. On the other hand, it is contested to what extent it is desirable that they should become involved as a legislative actor in the EU’s<br/>decision-making procedure. This essay contributes to these debates by critically examining to what extent national parliaments can contribute to the enforcement of the subsidiarity principle. The article contends that national parliaments by having taken a too expansive view of their remit<br/>under Protocol No 2 appears to have‘misunderstood' their role within the EU- decision making procedure. Notwithstanding this, it is sustained that national parliaments could, in the absence of other trustworthy safeguards of federalism, be seen as a promising avenue for legitimate political control of the exercise of EU competences},
  author       = {Öberg, Jacob},
  issn         = {1354-3725},
  language     = {eng},
  month        = {11},
  number       = {4},
  pages        = {695--731},
  publisher    = {Kluwer Law International},
  series       = {European Public Law},
  title        = {National Parliaments and Political Control of EU Competences},
  url          = {https://lup.lub.lu.se/search/ws/files/54023482/EPL_national_parliaments_and_political_control_of_eu_competences.pdf},
  volume       = {24},
  year         = {2018},
}