2005 年 2005 巻 25 号 p. 197-219,289
The EU Constitution Treaty and its Protocol, signed in October 2004, reinforces the method in which subsidiarity principle is applied. Since the Maastricht Treaty introduced this principle in 1992, it has been pointed out that the EU institutions did not properly apply it in practice. Although the question of applying the subsidiarity principle has long been a controversial matter since the IGC of 1996, the priorities have rather been taken on such issues as the Euro and the 5th enlargement. Therefore, the subsidiarity principle has always been treated as a “leftover” in the process of EU reform.
The subsidiarity principle has a dual function. The first is to improve the administrative efficiency by searching for an optimal level among the actors (EU, national, and local governments) in implementing policies. The second function is to demonstrate the new image of democracy: an idea that the European citizens can ensure political accountability of the EU and policy-making or implementation should be undertaken as closely to citizens as possible.
It is noteworthy that the EU Constitution Treaty expects national parliaments of member states to play crucial roles in the process of the subsidiarity principle. National parliaments have gradually been recognized as indispensable actors, along with the European Parliament, in legitimating the EU policy-making process and in overcoming the democratic deficit.
This article follows the arguments over application of the subsidiarity principle and clarifies the reasons why the application rule has to be modified. Next, it focuses on the efforts of French Parliament to strengthen the influence on the government negotiating in the EU policy-making process, and analyzes the movement of national parliaments to increase cooperation one another or with the European Parliament through the COSAC. In conclusion, I would like to provide a plausible future of the EU parliamentary democracy in the future.