Home > Subsidiarity Scrutiny > Yellow card procedure


logo be

AAA Print

Yellow card procedure

Yellow card procedure is one of two procedures of early warning mechanism, provided for in the Protocol [no.2] on the application of the principles of subsidiarity and proportionality, annexed to the TEU and TfEU under the Treaty of Lisbon. Within the yellow card procedure each parliament or each chamber may send to the presidents of the European Parliament, the Council and the European Commission – within 8 weeks from the date of transmission of a draft legislative act to national parliaments in the official languages – a reasoned opinion on its non-compliance with the principle of subsidiarity. Each parliament has 2 votes (in the case of bicameral parliaments, each chamber has one vote). Where reasoned opinions represent one-third, and in the case of a proposal relating to the area of freedom, security and justice, based on Article 76 of the TfEU – one fourth of all the votes allocated to national parliaments, the proposal must be reviewed.

Detailed information:
The principle of subsidiarity and national parliaments in the Lisbon Treaty
Early Warning System – arrangements for cooperation

Under the Lisbon Treaty national parliaments achieved tresholds needed to launch the yellow card procedure in relation to the following proposals:

  • COM(2016) 128 - course of the procedure
    Proposal for a Directive of the European Parliament and of the Council amending Directive 96/71/EC of The European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services
  • COM (2013) 534 - course of the procedure
    Proposal for a Council regulation on the establishment of the European Public Prosecutor's Office
  • COM(2012) 130 - course of the procedure
    Proposal for a Council regulation on the exercise of the right to take collective action within the context of the freedom of establishment and the freedom to provide services