The EU principle of subsidiarity and its critique

Book abstract:

It is not uncommon to encounter confrontation between the executive arm and the elected body of members, whether it be in a national parliament or at the supranational level. The growth of executive powers within the EU has not surprisingly prompted Member States to seek ways and means of restraining that power, and so subsidiarity was born and given legal status in the adoption of the Maastricht Treaty. The twin aspects of subsidiarity - its legal status and political dimension - are the key elements in this book. The author endeavours to explain the background to the subsidiarity principle and why it was introduced, and further, why the Member States chose to give it legal status. The contradictions posed by subsidiarity and integration and diversity are examined together with the real difficulties already being seen as the European Court of Justice grapples with the legal content of the principle.
The work will interest lawyers and political scientists and all those engaged in the fields of EU powers and competencies.
Antonio Estella is Assistant Professor of Administrative and European Union Law at the University of Carlos III of Madrid.

• Primary Source