Discussing Subsidiarity in Terms of Justification

Some Practical Issues of the EU Legislative Process

Authors

  • Oxana Pimenova University of Saskatchewan

DOI:

https://doi.org/10.22151/politikon.49.3

Keywords:

Consensus, Deliberation, EU Legislative Process, ‘Green Card’ Procedure, Inter-institutional Dialogue, Subsidiarity Control Mechanism, ‘Yellow Card’ Procedure

Abstract

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 subsidiarity principle could be a real communicative tool in the EU’s multi-level regulation policy used to seek consensus between EU institutions and national parliaments on the justification of an appropriate level for EU actions (subsidiarity justification). The short answer is ‘yes’. Through the content analysis of the published documents and with the help of the theory of deliberation, the author argues for a subsidiarity justification procedure occurring at the beginning of each instance of the EU legislative process to provide an inter-institutional setting to move away from confirming (one-way) to deliberative (two-way) reasoning over the issue of potential subsidiarity violation in the EU legislative process.

Author Biography

Oxana Pimenova, University of Saskatchewan

Oxana Pimenova is a Dr. in Constitutional Law (Russia) and a Ph.D. Candidate in Public Policy at the University of Saskatchewan (Canada). For the last 20 years, her academic research and professional activities have been focused on the public sector. Since graduating from the Law Department of the Dagestan State University (Russia), she has published more than 40 peer-reviewed articles in leading international journals across areas of comparative politics and multilevel governance, including two peer-reviewed monographs. Oxana was employed with the Russian government and oversaw consultations between the regional and national parliaments/chambers in the Russian legislative process on the issues of shared responsibilities.

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Published

2021-06-30

How to Cite

Pimenova, O. (2021). Discussing Subsidiarity in Terms of Justification: Some Practical Issues of the EU Legislative Process. Politikon: The IAPSS Journal of Political Science, 49, 53–70. https://doi.org/10.22151/politikon.49.3

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