A yellow card for the striker: national parliaments and the defeat of EU legislation on the right to strike
Title: A yellow card for the striker: national parliaments and the defeat of EU legislation on the right to strike
Author: COOPER, Ian
Citation: Journal of European public policy, 2015, Vol. 22, No. 10, pp. 1406-1425
ISSN: 1466-4429; 1350-1763
In May 2012 national parliaments of the European Union (EU) issued their first yellow card under the Early Warning Mechanism of the Treaty of Lisbon. A sufficient number of them raised objections to a legislative proposal – the Monti II Regulation regarding the right to strike – that the Commission was required to review the proposal, which it subsequently withdrew. This outcome was, demonstrably, not a coincidence but the product of extensive interparliamentary co-ordination, enabled by the initiative of one determined parliament (Denmark's Folketing), the opportunity provided by a well-timed interparliamentary meeting, and the network of national parliament representatives in Brussels. A dynamic political process was set in motion in which a number of parliaments joined the effort to obtain a yellow card by, in effect, ‘voting against' Monti II before the eight-week deadline. The episode shows that, despite claims to the contrary, national parliaments have the capacity and willingness to use their new powers to exercise a collective influence in EU affairs.
Subject: Early warning mechanism; European Union; Monti II regulation; National parliaments; Subsidiarity
Published online: 1 April 2015; Article awarded with the 2015 PADEMIA Award for Outstanding Research on Parliamentary Democracy in Europe
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