Abstract:
This article examines the application of the principle of subsidiarity out of
a member state’s point of view. It observes the distinction in the nature of the
different types of competences conferred to European Union and traces the role
– if any – of member-states’ participation in their exercise. The analysis is based
on the assumption that once agreed to sovereignty transfer towards the Union
(Van Gend&Loos), the member states would try to minimize its further limitation
by keeping their own legislative fi eld at its broadest scope. The subsidiarity
is viewed both as a principle and a legal rule specifying in which case which level
– EU or member state, should be competent to legislate. The article explores
the development of the Union’s primary legislation introduced by the Treaty of
Lisbon. It accentuates the broader powers granted to the National parliaments to
object the projects of community acts on the base of subsidiarity infringement
(so called subsidiarity early warning mechanism).
Description:
Georgi Voynov is a doctoral student at the Department of European Studies, Sofi a
University /Bulgaria/. His research interests refer to the relations between the EU and its
member-states, and especially, to law-making questions.
e-mail: voynovus@gmail.com
Георги Войнов е докторант в катедра „Европеистика“ на СУ „Св. Климент Охридски“. Изследователските му интереси са в сферата на отношенията между Европейския съюз и членуващите в него държави и произтичащите от тях въпроси от сферата на законотворчеството.
e-mail: voynovus@gmail.com
