11. This new Title II will contain the provisions agreed in the 2004 IGC on democratic equality, representative democracy, participatory democracy and the citizens’ initiative. Concerning national parliaments, their role will be further enhanced compared to the provisions agreed in the 2004 IGC (see Annex 1, Title II):
• The period given to national parliaments to examine draft legislative texts and to give a reasoned opinion on subsidiarity will be extended from 6 to 8 weeks (the Protocols on national Parliaments and on subsidiarity and proportionality will be modified accordingly).
• There will be a reinforced control mechanism of subsidiarity in the sense that if a draft legislative act is contested by a simple majority of the votes allocated to national parliaments, the Commission will re-examine the draft act, which it may decide to maintain, amend or withdraw. If it chooses to maintain the draft, the Commission will have, in a reasoned opinion, to justify why it considers that the draft complies with the principle of subsidiarity. This reasoned opinion, as well as the reasoned opinions of the national parliaments, will have to be transmitted to the EU legislator, for consideration in the legislative procedure. This will trigger a specific procedure:
- before concluding first reading under the ordinary legislative procedure, the legislator (Council and Parliament) shall consider the compatibility of the legislative proposal with the principle of subsidiarity, taking particular account of the reasons expressed and shared by the majority of national parliaments as well as the reasoned opinion of theCommission;
- If, by a majority of 55% of the members of the Council or a majority of the votes cast in the European Parliament, the legislator is of the opinion that the proposal is not compatible with the principle of subsidiarity, the legislative proposal shall not be given further consideration. (the Protocol on subsidiarity and proportionality will be modified accordingly). A new general Article will reflect the role of the national parliaments.

(The Presidency Conclusions of the European Council - 21/22 June 2007, p. 17)

Well this paragraph has been interpreted as able to give more power to national parliaments. I only partially agree on this point. At the end of the paragraph number 11 it is mentioned a new general Article, this is the text:

National parliaments shall contribute actively to the good functioning of the Union:
a) through being informed by the institutions of the Union and having draft European legislative acts forwarded to them in accordance with the Protocol on the role of national parliaments in the European Union;
b) by seeing to it that the principle of subsidiarity is respected in accordance with the procedures provided for in the Protocol on the application of the principles of subsidiarity and proportionality;
c) by taking part, within the framework of the area of freedom, security and justice, in the evaluation mechanisms for the implementation of the Union policies in that area, in accordance with Article [III-260],
and through being involved in the political monitoring of Europol and the evaluation of Eurojust’s activities in accordance with Articles [III-276 and III-273];
d) by taking part in the revision procedures of the Treaties, in accordance with Article [IV-443 and IV-444]:
e) by being notified of applications for accession to the Union, in accordance with Article [49];
f) by taking part in the inter-parliamentary cooperation between national parliaments and with the European Parliament, in accordance with the Protocol on the role of national parliaments in the European Union.

Of course they have much power of controlling EU action, i.e. Europol and Eurojust, but it seems to me that the substance doesn’t change very much, I mean they will have no power of veto if they dislike some policy. Let’s try to put the whole mater in a simple scheme.

The Commission proposes a law (I know they won’t be called laws… but actually they are legally binding, so they are de facto laws), the Council and The European Parliament can approve it or not. This is the way things work on the EU level. Now what happens if a national Parliament doesn’t like that law? Can it stop it? Not directly, but It can say: “This law violate the principle of subsidiarity, this means that EU are taking action on a field that is competence of the Member States, for this or that reason”.
So the law goes back to the Commission, which said: “This is not the case, ruling this field is our competence because of this or that reason”.
So now we have the reasons of the Commission on one side and that of a national Parliament on the other… who will take the final decision? The Council and the European Parliament, so to institutions of the EU, so at the end the power stays upon the Union… For me this is more then ok… but I don’t know if eurosceptics will like it so much… I guess not…

Anyway none of us common citizens can be sure about this new Article, there are to much protocols citied, so it becomes quite impossible to know how actually things are.

The discussion is open, but no one has taken the first step yet... Oh! For heaven's sake, start saying something Janet!

Your basic data, please...
Just say something!

And if you like you can use these strange things: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <code> <em> <i> <strike> <strong>

EN IT ZH EU