The Role of National Parliaments in EU Governance

National parliaments have become increasingly important actors in the European Union’s governance structure. The Treaty of Lisbon significantly strengthened their role, particularly through the early warning mechanism for subsidiarity monitoring under Protocol No. 2. Article 12 TEU recognises national parliaments as contributing actively to the good functioning of the Union, listing their functions: being informed by EU institutions, ensuring compliance with subsidiarity, participating in treaty revision and accession procedures, and interparliamentary cooperation. The enhanced role reflects the recognition that the EU’s democratic legitimacy depends not only on the European Parliament but also on the democratic institutions of the Member States.

The Early Warning Mechanism

Protocol No. 2 on the application of subsidiarity and proportionality establishes the early warning mechanism (EWM) . The Commission must forward all draft legislative acts to national parliaments simultaneously with their transmission to the EU institutions. National parliaments have eight weeks to issue a reasoned opinion stating why the draft does not comply with the principle of subsidiarity. Each national parliament has two votes (one per chamber in bicameral systems). The Commission takes account of reasoned opinions and must review the proposal if a specified threshold is reached.

The yellow card procedure applies where reasoned opinions represent at least one-third of the votes allocated to national parliaments (one-fourth for proposals in the Area of Freedom, Security and Justice). The Commission must review the proposal and decide whether to maintain, amend, or withdraw it, providing reasons for its decision. Yellow cards have been issued three times. The 2012 Monti proposals on the right to strike and freedom of establishment received a yellow card from 12 out of 40 votes; the Commission maintained the proposal after amending it to clarify the relationship between economic freedoms and fundamental rights. The 2013 European Public Prosecutor’s Office proposal received a yellow card from 14 votes; the Commission maintained the proposal, arguing that subsidiarity was satisfied given the cross-border nature of fraud against the EU budget. The 2016 Posted Workers Directive revision received a yellow card from 14 votes; the Commission again maintained the proposal.

The orange card procedure applies under the ordinary legislative procedure where a simple majority of national parliaments objects on subsidiarity grounds. The Commission must review the proposal, and if it maintains it, must provide a reasoned opinion explaining why it complies with subsidiarity. The European Parliament and Council then decide whether the proposal can proceed: the Council may reject it by a 55% majority of Member States, or the Parliament may reject it by a majority of the votes cast. The orange card procedure has never been successfully triggered.

Political Dialogue

The Political Dialogue, initiated by the Commission in 2006, extends beyond formal subsidiarity scrutiny. Under the Political Dialogue, national parliaments may submit opinions on any legislative proposal or policy initiative, covering subsidiarity, proportionality, legal basis, and substantive policy content. The Commission responds to each opinion, creating a channel of communication between national parliaments and the Commission.

The Political Dialogue has generated a substantial volume of opinions, with national parliaments submitting hundreds of opinions annually. The content and quality of opinions vary significantly across parliaments. National parliaments with strong EU scrutiny systems, such as the Danish Folketinget’s European Affairs Committee, the Finnish Eduskunta’s Grand Committee, and the German Bundestag’s EU affairs committee, produce detailed and influential opinions. Parliaments with weaker scrutiny systems participate less actively.

The Commission’s response to opinions under the Political Dialogue has been criticised as formulaic and insufficiently substantive. The Commission engages in a dialogue of equals, responding to each opinion but not necessarily accepting the parliament’s position. The Political Dialogue has nevertheless strengthened the institutional connection between national parliaments and the Commission and has increased parliamentary awareness of EU legislative proposals.

Interparliamentary Cooperation: COSAC

COSAC (Conférence des Organes Parlementaires Spécialisés dans les Affaires de l’Union) facilitates cooperation between national parliaments and the European Parliament. Established in 1989 and recognised by Protocol No. 1 to the Treaties, COSAC brings together representatives from the European affairs committees of national parliaments and the European Parliament. COSAC meets every six months in the Member State holding the Presidency of the Council.

COSAC adopts contributions addressed to the EU institutions, which are not legally binding but carry political weight. COSAC also promotes the exchange of information and best practices among parliaments, publishes reports on parliamentary scrutiny of EU affairs, and conducts a biannual survey on the functioning of the early warning mechanism. COSAC has contributed to the development of the green card procedure, under which national parliaments may submit suggestions to the Commission for legislative initiatives.

The green card procedure developed through COSAC cooperation, allows national parliaments to collectively propose legislative initiatives to the Commission. Unlike the yellow and orange cards, which are reactive (responding to Commission proposals), the green card is proactive, enabling parliaments to suggest new legislation or propose amendments to existing legislation. The Commission is not obliged to act on green card suggestions but has committed to responding.

National Parliaments and Treaty Revision

National parliaments play a role in treaty revision under Article 48 TEU. Under the ordinary revision procedure, a convention composed of representatives of national parliaments, the European Parliament, the Commission, and the governments of Member States examines proposed amendments. The convention must be convened unless the European Parliament consents to its non-convenation. The Intergovernmental Conference (IGC) that follows must take account of the convention’s recommendations. National parliaments must then ratify any treaty amendments according to their constitutional requirements.

Under the simplified revision procedure, national parliaments may block proposed changes to Part Three of the TFEU (internal policies) by objecting within six months of notification. The simplified procedure allows the European Council to amend these provisions by unanimous decision, subject to national parliamentary veto. This mechanism ensures that even simplified treaty revisions retain democratic legitimacy through national parliamentary consent.

The Green Card and Future Developments

The green card procedure was formally proposed by the Danish and Dutch parliaments in 2014 and endorsed by COSAC. Under the procedure, national parliaments may submit reasoned suggestions to the Commission identifying legislative gaps or proposing amendments to existing legislation. The Commission has received green card suggestions on digital single market legislation, animal welfare, and the European Semester. While the Commission has not committed to follow green cards, the procedure provides a mechanism for parliamentary input into the legislative agenda.

The role of national parliaments continues to evolve. Suggestions for reform include extending the eight-week scrutiny period, strengthening the orange card procedure, introducing a red card enabling national parliaments to veto proposals, enhancing the political dialogue, and improving coordination between national parliaments and the European Parliament. The Conference on the Future of Europe (2021–2022) considered proposals to strengthen national parliaments’ role, reflecting ongoing concerns about the EU’s democratic legitimacy and the importance of parliamentary scrutiny at all levels.