The Swedish Riksdag as Scrutinizer of the Principle of Subsidiarity

Abstract

This article provides a case study of the scope of subsidiarity review exercised by the Swedish Riksdag within the Early Warning Mechanism (EWM). It takes its starting point in the theoretical debate on the scope of subsidiarity review reaching the conclusion that the Swedish case confirms both Kiiver's definition of the scope of the review to include legality and proportionality, and Jancic's more recent article arguing for a broader review to include substance besides the principle of legality and proportionality. The connection between issues concerning the scope of the review within the EWM and several of the arguments in favour of a reform of the EWM is that national parliaments are not apt to make legal assessments such as a strictly legal approach to the review would suggest. In light of this, the Swedish case is interesting taking into account that the Committee on the Constitution has the task to provide a yearly analysis of the review exercised by sectoral committees, including questions related to method and the outcome of the review on the EU-legislative process. The article provides a critical assessment of the role of the Committee on the Constitution within the Swedish scrutiny procedure, reaching the conclusion that the Committee's evaluation suffers several methodological weaknesses; weaknesses that do effect the impact and efficiency of the Swedish scrutiny process. The Swedish model for scrutiny of subsidiarity within the EWM combines a fully decentralised review by sectoral committees with the yearly 'helicopter perspective' offered by the Committee on the Constitution. The primary task of the Committee on the Constitution is to act as protector of decentralisation by identifying creeping competence overstretches. Taken together this could be a strong model of scrutiny within the EWM should the Committee on the Constitution, or whatever body is entrusted with the overall analysis, take is task to provide methodological guidance seriously. ; Nationella parlaments roll i EU:s lagstiftningsprocess: en komparativ studie av tillämpningen av subsidiaritetsprincipen