Subsidiarity

EU proposals submitted to the Bundestag and the Bundesrat for debate are listed as an A-item or as a B-item. A-items require a subsidiarity scrutiny whereas B-items require a political scrutiny.

For A-items, the Bundestag will examine through its sectoral committees the compliance of the subsidiarity principle. If the committee wishes to publish a reasoned opinion, consultation must be made with the EU Affairs Committee. In a plenary session, a subsidiarity analysis and a committee report will be presented along with a recommendation for a resolution. The chair of the Bundesrat (Präsidium) will decide, if a matter requires scrutiny examination or upon the request of a Land scrutiny examination may take place. The sectoral committees will then deliberate on the matter.

B-items require the Bundestag and the Bundesrat to formulate a position on the legislative proposal which is then taken into consideration by the federal government while negotiating at EU level. 

Nevertheless, the EU Committee will always have the lead on the EU dossiers. It presents the report to the plenary together with a recommendation for a resolution. The report can be adopted by tacit assent, or in a formal vote, by simple majority upon recommendation from the relevant committee.