Subsidiarity, Politics and the Judiciary: Articles EC 5, Draft Convention I-9; Protocol on the application of the principles of subsidiarity and proportionality

Since the Maastricht Treaty of 1992, the principle of subsidiarity is to govern the exercise of powers between the European Community and the Member States in areas that do not fall within the exclusive competence of the Community. According to the treaty provision, the principle means that the Comm...

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Bibliographic Details
Published in:European constitutional law review 2005-01, Vol.1 (1), p.112-116
Main Author: Koopmans, Tim
Format: Article
Language:English
Subjects:
Constitutional law
Constitutions
Councils
Decision making
International organizations
International relations
Judicial reviews
Judiciary
Parliaments
Politics
Protocol
Separation of powers
Treaties
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Summary:Since the Maastricht Treaty of 1992, the principle of subsidiarity is to govern the exercise of powers between the European Community and the Member States in areas that do not fall within the exclusive competence of the Community. According to the treaty provision, the principle means that the Community can only take action if and insofar as the objectives of the proposed action cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale or effects of the proposed action, be better achieved by the Community. A similar provision is now part of the draft ‘European Constitution’ 2003; it merely adds that Member State action can be taken at the national, the regional and the local level. Even without this useless supplement, the definition of subsidiarity looks fairly complicated.
ISSN:1574-0196
1744-5515
DOI:10.1017/S1574019605001124