On the application of the Treaty provisions related to the principles of subsidiarity and proportionality and the role of national parliaments in the EU legislative process
A-10-2025-0224
Committee on Constitutional Affairs · Rapporteur: Marieke Ehlers
- Voted on · Adopted 337–245–12 · See the decision →
- Full procedure 2025/2042
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A resolution on applying the Treaty principles of subsidiarity and proportionality and the role of national parliaments in EU law-making. It calls for stronger subsidiarity checks, earlier involvement of national parliaments, and better use of the early warning system.¶¶¶ It urges the Commission to revise the legal basis of the ReArm Europe Plan, extend deadlines for reasoned opinions, and create a 'green card' and a 'single subsidiarity hub'.¶¶¶ It calls for more rigorous judicial review by the Court of Justice and proposes a 'subsidiarity court' for future Treaty revision.¶¶
Committee position. The Committee on Constitutional Affairs proposes a resolution that calls for stronger application of subsidiarity and proportionality, enhanced role of national parliaments, and better judicial review.¶¶¶
Key points
- Reaffirms the fundamental importance of subsidiarity and proportionality for the EU's legal framework and stresses they should be essential in better regulation.¶
- Calls on the Commission to clearly define legal bases, conduct thorough impact assessments, and justify EU action with comparative analysis.¶¶
- Notes concern over the use of Article 122 TFEU for the ReArm Europe Plan and urges the Commission to revise its legal basis.¶
- Urges the Commission to provide detailed appraisals of subsidiarity and proportionality compliance and to respond substantively to reasoned opinions.¶¶
- Calls for extending the deadline for yellow card procedures to 12 weeks and for a 'green card' with lower thresholds.¶¶
- Welcomes informal coordination mechanisms and proposes a 'single subsidiarity hub' based on IPEX for collecting opinions and replies.¶
- Encourages earlier involvement of national parliaments in the legislative process, including during consultations.¶
- Calls for strengthening the role of national parliaments through enhanced transparency, dialogue, and cooperation with the Commission.¶
- Urges the Commission to incorporate input from regional and local authorities and to extend the right to information to regional parliaments with legislative powers.¶¶
- Calls for an EU-wide investigation into why national parliaments rarely use the yellow card procedure.¶
- Expresses concern about the Court of Justice's reluctance to enforce subsidiarity and calls for impact assessments without exception.¶¶¶
- Proposes opening a discussion on creating a 'subsidiarity court' and adopting a principle of self-restraint in policymaking.¶¶
Who is affected
- National parliaments: encouraged to use the early warning system more actively and to involve regional parliaments.¶¶
- The European Commission: required to improve subsidiarity assessments, respond to reasoned opinions, and engage earlier with national parliaments.¶¶¶
- The Court of Justice of the European Union: urged to enforce subsidiarity more robustly.¶¶
- Regional and local authorities: their input should be better incorporated and they may gain direct access to information.¶¶
- Municipalities: should receive sufficient financial resources to implement EU law.¶
Figures and deadlines
- EUR 800 billion for the ReArm Europe Plan/Readiness 2030 instrument.¶
- 577 subsidiarity checks and reasoned opinions, 3 803 contributions, three 'yellow cards' and no 'orange cards' since 2009.¶
- Eight-week deadline for national parliaments to submit reasoned opinions, proposed to extend to 12 weeks.¶
- Period between 20 December and 10 January excluded from the deadline.
Legal basis: Article 5 TEU, Protocol No 1 and No 2 to the Treaties, Articles 2-6, 15 and 122 TFEU¶¶¶