The Principle of Subsidiarity

Abstract

The paper examines in depth the principle of subsidiarity in EU law. The aim of this contribution is to provide an updated legal analysis of the principle of subsidiarity, systematizing its substantive meaning, discussing its philosophical underpinnings and evaluating the institutional mechanisms currently in place to ensure its enforcement in the framework of EU law. As the chapter explains, subsidiarity represents the guiding principle on the exercise of legislative powers by the EU institutions in areas in which both the EU and the member states share legislative competences. As the chapter explains, given its constitutional function, the EU Treaties currently foresee both judicial and political safeguards to ensure that the EU respects the principle of subsidiarity when adopting legislation. Nevertheless, for different reasons, none of these safeguards appears entirely satisfactory: in fact, as the chapter claims, both of them raises challenges that may be worse than the disease they are expected to cure. While respect for the principle of subsidiarity is important for a proper constitutional balance of powers in the EU, and although both the EU courts and the national parliaments have a role to play in policing respect for subsidiarity, the chapter underlines how there are significant risks associated with the practical enforcement of the judicial and political safeguards of subsidiarity.