subsidiarity

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subsidiarity

the idea that functions that can be exercised at a lower level of organization should so be rather than being taken over by a higher level organization. The idea appears within the Roman Catholic Church in the encyclicals Rerum Novarum (1891) and the Quadragesimo Anno (1931). Its present importance, however, is as a relatively new principle within the legal system of the EUROPEAN UNION. The Treaty on European Union embodies the concept in various places, most notably in the Preamble, where the parties intend to create an ever closer union in which decisions are taken as closely as possible to the citizen in accordance with the principle of subsidiarity. It has been questioned whether, save in the narrow area of cooperation on justice and home affairs, the concept is sufficiently ‘legal’ to be subject of decisions by the courts. Rather, it maybe a political directive or at most an aid to interpretation. The applicability of the doctrine is made more difficult by the fact that the precise role of the European Union is not specifically defined, and it acquires and has acquired functions over time. However, the Treaty of Amsterdam formalized the doctrine in a protocol to the treaties. Accordingly community legislation is scrutinized to try to ensure it complies with the principle and, generally, the least binding option should be taken in legislating. Finally, if the superior body is to exercise a function it should be proportionate - appropriate to the scale of the problem addressed.
References in periodicals archive ?
The Treaty of Maastricht inscribes the principle of subsidiarity into the legislative processes of the EC as the functional instrument through which power is to be allocated between levels of government.
parameters for measuring it is what the principle of subsidiarity is
Short theoretical and empirical approach of the principle of subsidiarity
Hence, the argument by Gianni Infantino is equal to saying that since the Community does not have a competence in the case on the basis of principle of subsidiarity due to the fact that the rules produce insignificant effect in competition matters, it means that the Community does not have competence in all other matters affected by the rule.
In virtue of the principle of subsidiarity, "public authorities may not take away from the family tasks which it can accomplish well by itself or in free association with other families; on the other hand, these same authorities have the duty to sustain the family.
The principle of subsidiarity should have been incorporated into the convention, says Robinson, not just as a tidying up opportunity, but to enhance the legitimacy of the EU.
The principle of subsidiarity was enunciated by Pope Pius XI in the Papa] Encyclical Quadragesimo Anno.
In the Roman Catholic Church the principle of subsidiarity first enunciated by Pius XI was further championed as a key principle of civil society by his successors; the first indication that it also applies within the Church was given by Pius XII in 1946.
The UK also highlighted the importance of respecting the principle of subsidiarity and the fact that cycling is a devolved matter and so is best managed on a national and regional level.
That, then, is the reason why we will hear more about the principle of subsidiarity.
The president has not written off "appealing to the Court of Justice" as the Lisbon Treaty allows this in cases where the principle of subsidiarity has been breached.

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