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Project

Literature and case law review on the subsidiarity test

The principle of subsidiarity is a federal principle that seeks a balance between autonomy and coherence which characterizes multi-tiered political systems. Starting point is that competences are exercised at the lowest level, unless regulating at the higher level is more beneficial. In the EU the principle is laid down in Art. 5(1° and (3) TEU and Protocol N° 2, with a political and a judicial enforcement system. Both components are rather weak: an orange card was put forward only three times and led only once to the withdrawal of the proposal, and the Court of Justice has not ever found a violation of the subsidiarity principle. In the overall project an economic and a legal analysis is executed to find how parliaments can have more rip on the subsidiarity test. This part of the project covers the legal section. From an analysis of the ECJ case law, rules of thumb are distracted and a step-by-step plan for the subsidiarity test is designed.
Date:1 Feb 2018 →  31 May 2018
Keywords:EUROPEAN COMMUNITY LAW
Disciplines:Law, Other law and legal studies
Project type:Service project