Principle Of Subsidiarity

Question 1

Principle of subsidiarity article

Answer 1

Art 5(3) TEU 
In areas that don’t fall within its exclusive competence, U shall act only if the objectives of the proposed action cannot be sufficiently achieved by MS

Question 2

Origin of subsidiarity (2)

Answer 2

Decisions affecting individuals must be taken at lowest practical level as closely as possible to individuals concerned and where individuals are most competent to decide for themselves
Comparative efficiency

Question 3

Benefits (4)

Answer 3

Maintains integrity of EU
Allows participation of national authorities in decision making
Maintains balance of power between EU and MS
Enhances democratic legitimacy

Question 4

Protocol No 2 on application of principles of subsidiarity and proportionality (2)

Answer 4

National parliaments are guardians of principle of S

Parliaments can require a draft to be reviewed where it’s adherence to S is in question

Question 5

Parliaments can require a draft to be reviewed where it’s adherence to subsidiarity is in question (2) plus law

Answer 5

Yellow card process

Has only led to one withdrawal of legislation - mantill regulation 2012

Question 6

CJEU may also review…

Answer 6

The validity of legislative acts on the grounds there has been a breach of principle of S