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 ?
Civil society and the principle of subsidiarity in the post-communist period
Although the political conditions were formally modified after December 1989, the issue of subsidiarity did not appear immediately in the public space.
Here is where subsidiarity properly plays a significant role.
Lino added that this was a direct quotation from the book, Subsidiarity and FederalismbyDavid T.
Subsidiarity shares with the latter approach a general presumption for decisionmaking at the local level, but it can also be read as linked to other, more centralizing approaches.
Subsidiarity has long had a variety of meanings, and the resulting vagueness has only contributed to the appeal of the concept.
Francis' increasingly insistent and deep critique of global economics and his stern warnings in "Laudato Si', on Care for Our Common Home" of the threats posed to the environment by unbridled capitalism and consumerism are bound to raise anew considerations of solidarity and subsidiarity.
In Catholic circles," said Schneck, "those who militate against an emphasis on institutions of solidarity often do so with reference to the idea of subsidiarity As if subsidiarity were in some fashion opposite to solidarity.
Subsidiarity and the subsequent debates that its introduction has engendered must be placed against the background of a complex institutional and legal framework that evolved in the European Union (EU) and its component bodies.
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.
and second, that subsidiarity is better fit for the task of articulating
this Article, I suggest that the theory of subsidiarity, problematic and