Subsidiarity Principle
The concept of Subsidiarity
- refers to the idea that matters ought to be dealt with by the smallest, lowest or least centralized competent unit
- is one of the key principles applied in the fields of government, politics and international relations
- AER at Subsidiarity Conference of the Land Hesse in Berlin September 08
DEFINITION OF THE SUBSIDIARITY PRINCIPLE BY THE COMMISSION:
The principle of subsidiarity is defined in Article 5 of the Treaty establishing the European Community. It is intended to ensure that decisions are taken as closely as possible to the citizen and that constant checks are made as to whether action at Community level is justified in the light of the possibilities available at national, regional or local level. Specifically, it is the principle whereby the Union does not take action (except in the areas which fall within its exclusive competence) unless it is more effective than action taken at national, regional or local level. It is closely bound up with the principles of proportionality and necessity, which require that any action by the Union should not go beyond what is necessary to achieve the objectives of the Treaty.
Source: http://europa.eu/scadplus/glossary/subsidiarity_en.htm
Although the principle of subsidiarity can be traced back to the Treaty of Rome (1957) and the Single Act (1987), it has been introduced officially only into the Maastricht Treaty (1992).
MAASTRICHT TREATY
In the Preamble of this Treaty subsidiarity is taken into account as one of the principles of the European Union, more specifically as one of the principles regulating its functioning. As a general principle it is applicable to all areas of non-exclusive competence (now Article 5, of the EC Treaty).
After the ratification of the Treaty of Maastricht in 1992, the European Council of Birmingham (16 October 1992), reaffirmed the intention of bringing the European Union closer to its citizens through the principle of subsidiarity, but demanded some guidelines for this application of the principle.
The following European Council (Edinburgh 11-12 December 1992) reached agreement on the “guidelines to implement the subsidiarity principle and measures to increase transparency and openness in the decision making process of the Community” and issued a declaration on the principle of subsidiarity, which lays down the rules for its application.
TREATY OF AMSTERDAM
In the following council summits the guidelines were more clearly defined to be then included as a Protocol in the Treaty of Amsterdam (1997). This Protocol on the application of the principles of subsidiarity and proportionality annexed to the EC Treaty by the Treaty of Amsterdam, establishes among other things detailed criteria for the application of the principle of subsidiarity by the Community Institutions participating in the legislative procedure.
CONSTITUTION FOR EUROPE
Because the introduction of the subsidiarity principle into the Treaty and adoption of the Protocol on the application of the principles of subsidiarity and proportionality have failed to yield the expected results, the principle of subsidiarity became one of the major aspects discussed during the Convention (Constitution for Europe). It was clear at this stage that the functioning of this principle needed to be more clarified. Therefore the Laeken Declaration of December 2001 clearly stated that a compliance with the subsidiarity principle and a better allocation of powers within the European Union should become a priority in the reform process.
The result of this process, the draft Treaty establishing a Constitution for Europe, finally proposed a new definition of the subsidiarity principle, recognising for the first time the local and regional dimension, and mechanisms for implementation and monitoring in the framework of a new Protocol.
The direct consequence of these new constitutional principles can be found in the revised Protocol on the application of the principles of subsidiarity and proportionality, which for the first time includes the Committee of the Regions and local and regional authorities explicitly as an integral part of the Community structure as regards application of the subsidiarity principle.
LISBON TREATY
The Lisbon Treaty incorporated the same provisions as foreseen in the failed Constitution; however it is going a step further. The role of National Parliaments with regard to subsidiarity monitoring has been strengthened. The mechanism of the “reasoned opinion” involves now a two-stage procedure: if one-third of national parliaments consider that the proposal is not in line with subsidiarity, the Commission will have to re-examine it and decide whether to maintain, adjust or withdraw it. If a majority of national parliaments agrees with the objection, the Commission decides to maintain its proposal anyway; the Commission will have to explain its reasons. It will then be up to the European Parliament and Council to decide whether or not to continue the legislative procedure. For reasons of infringement of the subsidiarity principle, the Member States' governments can take a case to the EU Court on behalf of their national parliaments. That means that national parliaments cannot do so on their own.
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