The procedure for carrying out subsidiarity checks in the Maltese Parliament was adopted by the House Business Committee on 7 December 2011.
The Foreign and European Affairs Committee has been tasked with carrying out the procedure on behalf of the House. The research analysts attached to this Committee draw up reports on every draft legislative act received from the Commission.
These reports are considered by Working Group 1, which is the subcommittee dealing with preliminary scrutiny of EU proposals. If this Working Group finds that there is a prima facie breach of subsidiarity by a Proposal, the latter is sent to the Foreign and European Affairs Committee, which on the basis of further advice from the legal expert will decide whether to adopt a reasoned opinion thereon or not.
If the Committee decides to adopt a reasoned opinion, the Chair of the Foreign and European Affairs Committee informs the Speaker of the House, who then seeks the endorsement of the House Business Committee before sending the reasoned opinion to the Presidents of the European Parliament, the Council and the European Commission.
The Speaker then tables the reasoned opinion in the House and sends the opinion to the Maltese MEPs and to Speakers of the EU Parliaments.