What changed between the plenary report and the adopted text

Removed:EXPLANATORY STATEMENT

Removed:This draft report comes at a crucial point where the Commission has committed to simplifying EU regulation and cutting red tape. The proper application of the principles of subsidiarity and proportionality can contribute significantly towards this goal, since it would mean that the Commission only proposes legislation where strictly necessary.

Removed:The draft report analyses the application of the Treaty provisions on how effectively the principles of subsidiarity and proportionality are being upheld in the European legislative process.

Removed:The principle of subsidiarity and proportionality are key concepts in the European Union’s governance framework, primarily outlined in Articles 4 and 5 of the Treaty on European Union as well as its Protocol No 2 on the “Application of the Principles of Subsidiarity and Proportionality”. This Protocol provides additional rules for assessing compliance with the principle of subsidiarity and proportionality. It emphasises the role of national parliaments in monitoring the application of this principle. The Early Warning Mechanism, introduced by the Treaty of Lisbon in its Protocol No 2, offers to national parliaments the possibility of examining new legislative proposals from the Commission for compliance with the concept of subsidiarity through the so-called ‘yellow card’ and ‘orange card’ procedures. In this context, national parliaments are crucial actors in the European legislative process, ensuring that EU actions respect the principle of subsidiarity, promoting accountability, and enhancing democratic legitimacy within the EU framework.

Removed:The draft report urges the Commission to provide more detailed responses to reasoned opinions received from national parliaments and to provide a more substantive analysis of whether the principles of subsidiarity and proportionality have been complied with in their explanatory memorandums included in the legislative proposal.

Removed:It further focuses on the challenges faced, particularly in inter-institutional dialogue and the role of national parliaments in the Early Warning System since the Treaty of Lisbon. The draft report points out the need to have a common understanding of the definition of principles of subsidiarity and proportionality as well as the lack of a consistent and substantive judicial review of the application of these principles by the European Court of Justice.

Removed:The draft report explores ways to strengthen legislative scrutiny by national parliaments within the European legislative process and proposes how to empower the role of national parliaments in this process.

Removed:The draft report emphasises the importance of respecting the principles of subsidiarity and proportionality to ensure that EU legislative action respects Member States’ competences and sovereignty. It also suggests that respect for these principles will inevitably lead to deregulation and better law-making within the EU.