Magdaléna Svobodová
Author’s affiliation: Faculty of Law, Charles University in Prague

On the Role of National Parliaments and the Early Warning Mechanism

Jurisprudence 1/2016 Section: Articles Page: 13-19

Keywords: national parliaments, early warning mechanism, “yellow card”, principle of subsidiarity, legislative acts

Abstract: The article deals with the role of national parliaments after the entry into force of the Treaty of Lisbon, particularly with the early warning mechanism or the so called yellow card. The author analyzes the relevant provisions in the primary law of the EU, especially the Protocol on the Application of the Principles of Subsidiarity and Proportionality, where she points out the disputable aspects of the legal regulation. Subsequently, the author summarizes experience with this institute and deals with two cases of the “yellow card” triggered by national parliaments regarding draft legislative acts of the European Commission. Finally, de lege ferenda amendments are introduced that might improve the efficiency of the early warning mechanism.