The subsidiarity principal in the European Union
Topic: The subsidiarity principal in the European UnionContent:1.Introduction2.The origins and first manifestations of the principal of subsidiarity in the EC3.The subsidiarity principle itself- The Treaties of Maastricht and Amsterdam4.Case law and the European Court of Justice4.1.The Tobacco Advertising Case4.2.The Working Time Directive5.Evolution of the Principle in recent years- From Amsterdam until today6.Conclusion1.IntroductionSubsidiarity can be defined as:"the principle that a central authority should have a subsidiary function, performing only those tasks which cannot be performed effectively at a more immediate or local level."Within the European Union, it is the fundamental principle for defining the border line between EU and member state responsibilities. The principle is incorporated in the treaty of Maastricht, signed on 7 February 1992, among other guidelines that discipline the different profiles of the European integration process.
However, the concept is by far not an invention of the EU, but has a long tradition and experienced an evolution which was to a large extent parallel to the evolution of political sciences.
The word subsidiarity is derived from the Latin term subsidiarius and has its origins in Catholic social teaching. It mainly claims that government should carry out only those activities which exceed the capacity of individuals or private groups acting separately. The autonomy and dignity of the human individual is thus the central value of the principle, wherefore all other forms of society (e.g. family, state, international order) should be in the service of the human being. Without going further into detail, it seems appropriate to mention that it was elaborated in the encyclical Rerum Novarum of 1891 by Pope Leo XIII, as an attempt to articulate an intermediate option between capitalism on the one hand and the different forms of communism, which are characterized by the subordination of the person to the state, on the other.
However, the concept is by far not an invention of the EU, but has a long tradition and experienced an evolution which was to a large extent parallel to the evolution of political sciences.
The word subsidiarity is derived from the Latin term subsidiarius and has its origins in Catholic social teaching. It mainly claims that government should carry out only those activities which exceed the capacity of individuals or private groups acting separately. The autonomy and dignity of the human individual is thus the central value of the principle, wherefore all other forms of society (e.g. family, state, international order) should be in the service of the human being. Without going further into detail, it seems appropriate to mention that it was elaborated in the encyclical Rerum Novarum of 1891 by Pope Leo XIII, as an attempt to articulate an intermediate option between capitalism on the one hand and the different forms of communism, which are characterized by the subordination of the person to the state, on the other.
Bibliography: Books:•Craig, Paul P.; De Búrca, Gráinne: EU law: text, cases, and materials, Oxford Univ. Press , 2007•Hartley, Trevor C.: European Union law in a global context: text, cases and materials, Cambridge Univ. Press, 2005•Patrizia De Pasquale, Il principio di sussidiarietà nella Comunità Europea, 2000, Editoriale Scientifica, Napoli, 2000•Centre for Economic Policy Research, La distribuzione dei poteri nell 'Unione Europea, Società Editrice il Mulino, Bologna, 1995•George A. Bermann, Subsidiarity: does it have a future? , Centro di studi e ricerche di diritto comparato e straniero, Roma, 1997Internet:•http://www.cor.europa.eu/subsidinet/en/sublibrary.htm•http://eur-lex.europa.eu•http://subsidiarity.cor.europa.eu/•http://www.curia.europa.eu/Treaties and Protocols:•The Treaty on European Union and of the Treaty establishing the European Community•Treaty establishing a Constitution for Europe•Protocol on the Application of the Principles of Subsidiarity and ProportionalityJudgments:•Judgment of the Court of 5 October 2000, Germany v European Commission and Council- Directive 98/43/EC concerning advertising and sponsorship of tobacco products. -Case C-376/98•Judgment of the Court of 12 November 1996. - United Kingdom of Great Britain and Northern Ireland v Council of the European Union. - Council Directive 93/104/EC concerning certain aspects of the organization of working time - Case C-84/94