National Parliament And The On The Grounds Of Subsidiarity Before Enactment

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National Parliament plays an immeasurable responsibility to objecting a proposal by scrutinizing draft legislations of the EU on the grounds of subsidiarity before enactment. The second paragraph of Art.5(3) of the Treaty, with Art.6 and Art.7 in the Protocol (No 2) enlightens the yellow-card and orange-card mechanism.

For the yellow-card system, the UK parliament may send their reasoned opinions on the non-compliance of the principle of subsidiarity within eight weeks of transmission of the proposal, which is applicable on the facts as only two weeks passed. After evaluations, the institution where the legislation originated may decide whether to maintain, amend or withdraw the proposal. But if the UK wishes to challenge this draft Directive, they can so if a third of the member states have the same view as them.

Alternatively, for ordinary legislative procedures, an orange card procedure may be used, though only to proposals originating from the European Commission (which applies here). If UK obtains a simple majority of the votes allocated to national parliaments of member states (i.e. 51%) for challenging the non-compliance of the principle of subsidiarity, the Commission will review it and, as before, choose to maintain, amend or reject it. The Commission has to produce their own reasoned opinion as well, and the matter is referred to the European Parliament and Council whom may reject the proposal before concluding the first reading if they think that it is not
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