The EU Principle of Subsidiarity and Its Critique

The EU Principle of Subsidiarity and Its Critique PDF

Author: Antonio Estella de Noriega

Publisher: Oxford University Press, USA

Published: 2002

Total Pages: 210

ISBN-13: 9780199242429

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The European Union principle of subsidiarity was introduced by the Maastricht Treaty and was the subject of a protocol in the Amsterdam Treaty. It was intended as a last-resort protection mechanism for member states in a minority on a particular issue in the Council of Ministers. In the first book devoted to the subject the author analyses these constitutional reforms and the reluctance of the ECJ to implement them, and argues that the principle will not be able to perform this protective role effectively.

The Principle of Subsidiarity and its Enforcement in the EU Legal Order

The Principle of Subsidiarity and its Enforcement in the EU Legal Order PDF

Author: Katarzyna Granat

Publisher: Bloomsbury Publishing

Published: 2018-05-31

Total Pages: 272

ISBN-13: 1509908692

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In this book, Katarzyna Granat analyses and evaluates Europe's experience with the Early Warning System (EWS) which allows national parliaments to review draft legislative acts of the European Union for their compatibility with the subsidiarity principle. The EWS was introduced in response to the perceived 'democratic deficit' of the EU and its 'creeping' competences, and represented one of the landmark reforms of the Lisbon Treaty. The purpose of this book is to present and critically analyse the functioning of the new mechanism of subsidiarity review and the role that national parliaments have played within this system. Compared to the existing leading publications on the Europeanisation of national parliaments and contributions on the EU principle of subsidiarity, this book offers – for the first time – a profound legal analysis of the procedure enriched by a comprehensive empirical analysis of the activities of national parliaments. It is directed at scholars of EU law and policy, European and national officials, and legal practitioners working in and with the national legislatures.

Subsidiarity in the European Community's legal order

Subsidiarity in the European Community's legal order PDF

Author: Andrea Daniel

Publisher: GRIN Verlag

Published: 2009-07-14

Total Pages: 21

ISBN-13: 3640373553

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Essay from the year 2009 in the subject Politics - Topic: European Union, grade: A-Grade with Distinction, South Bank University London (Faculty of Art and Human Sciences), course: European Policy, language: English, abstract: The subject of this essay is the implementation of the subsidiarity-principle in the EC's legal order. While EC-laws have supremacy over national laws and become a part of the national legal order, self-standing national laws are applicable where the EC has no legislative competence. In this aspect, the EC’s system is comparable to e.g. the German federal system. The essay shows that the EC’s legislative system balances the powers of the supranational and the national level by certain legal instruments: The principle of “limited empowerment”, the distinction between exclusive and competitive competences and the necessity of a “legal basis” for every supranational legislative act. As their justiciability is essential for the lower levels’ protection from power centralisation the Member States can litigate at the European Court of Justice against “lack of competence” when the EC meddles in affairs for which it is not empowered. The theoretical implementation as well as the – sometimes unsatisfying – practical application of these instruments is illustrated on the examples of two EC-directives on the ban of tobacco advertisements and the German litigation against them for “lack of competence”.

Varieties of European Subsidiarity

Varieties of European Subsidiarity PDF

Author: Ralf Alleweldt

Publisher:

Published: 2021-02-22

Total Pages: 228

ISBN-13: 9781910814574

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Subsidiarity as a principle in favour of decentralised decision-making is a cornerstone of the very legal construction of the EU. Yet, the question of how decision-making powers should be distributed between the EU and the member states is not, or only to a minimal extent, answered in Article 5 (3) of the Treaty on European Union (TEU). This collection draws on social science disciplines to go beyond a purely legal analysis to provide clarity over this principle as applied. With the help of theoretical exploration and empirical case studies the contributors identify significant variation in the implementation of the subsidiarity concept. By tracing the precise location of political authority at different levels of European governance they examine the pressures for effective decision-making despite the changing policy preferences of governments.

Global Perspectives on Subsidiarity

Global Perspectives on Subsidiarity PDF

Author: Michelle Evans

Publisher: Springer

Published: 2014-05-16

Total Pages: 229

ISBN-13: 9401788103

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Global Perspectives on Subsidiarity is the first book of its kind exclusively devoted to the principle of subsidiarity. It sheds new light on the principle and explores and develops the many applications of the principle of subsidiarity. The book provides a comprehensive overview of the principle in all its facets, from its philosophical origins in the writings of Aristotle and Aquinas, to its development in Catholic social doctrine, and its emergence as a key principle in European Union Law. This book explores the relationship between subsidiarity and concepts such as sphere sovereignty and social pluralism. It analyses subsidiarity in light of globalisation, federalism, democracy, individual rights and welfare, and discusses subsidiarity and the Australian, Brazilian and German Constitutions.​

Subsidiarity and EU Multilevel Governance

Subsidiarity and EU Multilevel Governance PDF

Author: Serafín Pazos-Vidal

Publisher: Routledge

Published: 2019-02-25

Total Pages: 246

ISBN-13: 0429842511

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This book examines the theory and praxis of the legal concept of subsidiarity and the policy paradigm of multilevel governance, providing an updated overview on how subnational and national authorities engage within the EU institutional framework. Providing a theoretical assessment of real-life case studies, the book reflects on a number of key events from the negotiations of the European Convention to the process that led to the "Brexit" referendum and assesses the key agendas and institutional ethos of most actors involved in EU policymaking. It particularly focusses on the EU engagement of so-called non-privileged actors, such as subnational authorities from the UK, Germany, Austria, Italy, the Netherlands and Scandinavia, as well as national and regional parliaments. The author goes on to examine the sometimes selfish behaviour and individual agendas of the European Commission, European Parliament, Member States and even the European Court of Justice but also identifies many constructive ways of interaction that can decisively frame how EU decisions are made. This comprehensive book will be a useful reference to students, practitioners and academic researchers working in European politics, policymaking, public policy and EU law and integration.

Making Sense of Subsidiarity

Making Sense of Subsidiarity PDF

Author: Centre for Economic Policy Research (Great Britain)

Publisher: Centre for Economic Policy Research

Published: 1993

Total Pages: 204

ISBN-13: 9781898128038

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This report argues that until detailed arguments for and against centralization through the European Union, there remains an incomplete guide to the principle decision of where power should reside.

The Early Warning System for the Principle of Subsidiarity

The Early Warning System for the Principle of Subsidiarity PDF

Author: Philipp Kiiver

Publisher: Routledge

Published: 2012-02-21

Total Pages: 216

ISBN-13: 1136459847

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This book offers a comprehensive systematic analysis of the European Union’s Early Warning System (EWS) for subsidiarity, which was introduced by the Treaty of Lisbon. The book includes both a detailed theoretical analysis of the EWS as well as an assessment of how national parliaments have responded to EU legislative proposals under the system. Philipp Kiiver explores whether the EWS could function as a mechanism of legal accountability offering a partial remedy to the European Union’s much-discussed accountability deficit. The Early Warning System for the Principle of Subsidiarity provides an overview of the historical developments of national parliamentary involvement in the EU and also considers the broader implications of the EWS, including its relationship to democracy and legitimacy. The book will be of particular interest to academics and students of EU Law, Constitutional Law and Political Science.

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