The final determinant of the union's competence in any matter lies with the European Court of Justice. This makes the European Court of Justice the highest constitutional forum in Europe dealing with matters of dispute inter-se the national states and the Union itself. The end product is an elegant scheme which allows for maximum sovereignty and sense of participation to the individual citizen and which minimizes the impact of democratic deficit substantially. The central feature which brings balance is the review option available to national parliaments by 1/3rd vote. This is the main policing power of the national parliaments by which they enforce their prerogative and power to interpose, though interposition in Europe works both ways. (TEU; Protocol No. 2). Therefore the 1/3rd clause operates as a veto and because national parliaments each have equal say, it is the most important check the national parliaments have especially when it comes to protecting the interests of smaller nations and members of the European Union.
What provisions in the Treaties (and attached Protocols) deal with the role of national Parliaments?
Articles/protocols applicable to National Parliaments
In so far as the articles that apply in terms of establishing competences of the Union vis national parliaments are:
1. Article 3, 4, 5 and 6 of the Lisbon Treaty. Discussion above.
2. Article 12 of TEU. National parliaments would receive drafts at the same time as the European parliament and would review them for enforcement of subsidiarity and proportionality as well as proposing amendments thereto.
3. TEU Protocol No. 1.
4. TEU Protocol No. 2 -- the power to police subsidiary. This gave the national parliaments power to call for a review by getting 1/3rd of national parliaments to requisition one.
5. Part IV of the European Constitution Treaty of 2004 which was ultimately consigned to record.
(c) How is the role of the European Parliament strengthened?
The role of the European Parliament
The role of European Parliament has been one of creating a strong organic center which, though limited to common subjects lying within the competences granted to it by the treaty arrangements, is still an...
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