Annual report 2014 on subsidiarity and proportionality  
2015/2283(INI) - 17/05/2017  

The European Parliament adopted by 545 votes to 25, with 90 abstentions, a resolution on the Annual Report 2014 on subsidiarity and proportionality.

The annual report on subsidiarity and proportionality 2014 shows that in 2014 the Commission received 21 reasoned opinions from national parliaments concerning 15 proposals, which represented a decrease compared to previous year. This result may be due to a decrease in the overall number of legislative proposals made by the Commission. No “yellow” or “orange card” procedure was triggered in 2014.

Respecting the principles of subsidiarity and proportionality: Parliament welcomed the continued consideration of the principles of subsidiarity and proportionality which are among the guiding principles of the European Union when it chooses to act and should be considered integral parts of the EU’s policy-making process. It stressed that national parliaments have a significant role to play in ensuring that decisions are taken at the level that is most effective and as closely as possible to the citizen.

Noting that a majority of the opinions submitted by national parliaments come from only a few national chambers, Members encouraged the other chambers to become more involved in the European debate.

The Commission is called upon to improve its explanatory statements by always providing a detailed analysis of its proposals which would assist national parliaments in carrying out a more effective examination of those proposals. Members stressed the crucial importance of impact assessments as tools for aiding decision-making in the legislative process, noting that approximately 32 % of impact assessments reviewed by it in 2014 included an unsatisfactory analysis of the principles of subsidiarity or proportionality or both.

Extension of the scope of reasoned opinions: in 2014, three national chambers (the Danish Folketing, the Dutch Tweede Kamer and the UK House of Lords) suggested that reasoned opinions should go beyond its current scope to include also the principle of proportionality. Members noted, however, that the practicality of these proposals requires careful evaluation and a revision of the relevant Treaties and protocols.

Parliament also took note of the request from some national parliaments to extend the eight-week period in which they can issue a reasoned opinion. Such a period should be the result of striking a fair balance between the right of national parliaments to raise objections on subsidiarity grounds and the efficiency with which the Union should respond to the demands of its citizens. If the Member States agree to extend the period allowed to national parliaments to issue a reasoned opinion, it should be included in a forthcoming Treaty revision.

Green card: Members stated that the introduction of this “green card” mechanism, which would afford national parliaments the opportunity to suggest to the Commission a legislative initiative for its examination, should be considered. They suggested, in this connection, that consideration could be given to the number of national parliaments needed in order to trigger such a procedure, and to the extent of its impact. The introduction of such a mechanism should not undermine the EU institutions and the ordinary legislative procedure.

Proportionality: the Commission is called upon to systematically carry out enhanced proportionality assessments for each legislative proposal, which should include an appropriate analysis of the different legislative options at its disposal and a substantial explanation of the environmental, social and economic impacts expected from the alternative chosen, and of its potential effects on competitiveness and on SMEs.

Enhanced cooperation: Parliament encouraged other national parliaments to share their views on the role that national parliaments should play in the EU decision-making process.

Lastly, Members recommended: (i) support national and regional parliaments through tools permitting information exchange, such as the creation of an IT platform that can be accessed by EU citizens; (ii) the use of interparliamentary cooperation to reinforce the role of national parliaments in the EU legislative process; (iii) promoting further the use of the platform for EU Interparliamentary Exchange (IPEX), which facilitates information exchange.