Subsidiarity as Judicial and Legislative Review Principles in the European Union
The founding Treaties of the European Union make clear that subsidiarity is a judicially enforceable legal principle. However, the case law of the Court of Justice reveals that the enforcement of subsidiarity as a judicial principle has been ineffective. The Court has applied a very weak standard of...
| Main Authors: | , |
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| Format: | Book Chapter |
| Published: |
Springer
2014
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| Online Access: | http://hdl.handle.net/20.500.11937/38686 |
| _version_ | 1848755387738619904 |
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| author | Moens, Gabriel Trone, J. |
| author2 | Michelle Evans |
| author_facet | Michelle Evans Moens, Gabriel Trone, J. |
| author_sort | Moens, Gabriel |
| building | Curtin Institutional Repository |
| collection | Online Access |
| description | The founding Treaties of the European Union make clear that subsidiarity is a judicially enforceable legal principle. However, the case law of the Court of Justice reveals that the enforcement of subsidiarity as a judicial principle has been ineffective. The Court has applied a very weak standard of review for both substantive and procedural compliance with the subsidiarity principle. By far the most significant application of the subsidiarity principle is its consideration as part of the EU legislative process. A Member State legislature may issue a reasoned opinion regarding subsidiarity aspects of a proposal. These reasoned opinions may trigger the yellow card procedure, forcing the Commission to review its proposal, or the orange card procedure, where the Parliament or Council can block the proposal. These procedures have some potential as legislative safeguards of subsidiarity: in 2013 the Commission withdrew a legislative proposal after the yellow card procedure was activated. |
| first_indexed | 2025-11-14T08:55:30Z |
| format | Book Chapter |
| id | curtin-20.500.11937-38686 |
| institution | Curtin University Malaysia |
| institution_category | Local University |
| last_indexed | 2025-11-14T08:55:30Z |
| publishDate | 2014 |
| publisher | Springer |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | curtin-20.500.11937-386862023-02-27T07:34:32Z Subsidiarity as Judicial and Legislative Review Principles in the European Union Moens, Gabriel Trone, J. Michelle Evans Augusto Zimmermann Role of Member State legislatures Judicial enforcement of subsidiarity Legislative review of subsidiarity The founding Treaties of the European Union make clear that subsidiarity is a judicially enforceable legal principle. However, the case law of the Court of Justice reveals that the enforcement of subsidiarity as a judicial principle has been ineffective. The Court has applied a very weak standard of review for both substantive and procedural compliance with the subsidiarity principle. By far the most significant application of the subsidiarity principle is its consideration as part of the EU legislative process. A Member State legislature may issue a reasoned opinion regarding subsidiarity aspects of a proposal. These reasoned opinions may trigger the yellow card procedure, forcing the Commission to review its proposal, or the orange card procedure, where the Parliament or Council can block the proposal. These procedures have some potential as legislative safeguards of subsidiarity: in 2013 the Commission withdrew a legislative proposal after the yellow card procedure was activated. 2014 Book Chapter http://hdl.handle.net/20.500.11937/38686 Springer restricted |
| spellingShingle | Role of Member State legislatures Judicial enforcement of subsidiarity Legislative review of subsidiarity Moens, Gabriel Trone, J. Subsidiarity as Judicial and Legislative Review Principles in the European Union |
| title | Subsidiarity as Judicial and Legislative Review Principles in the European Union |
| title_full | Subsidiarity as Judicial and Legislative Review Principles in the European Union |
| title_fullStr | Subsidiarity as Judicial and Legislative Review Principles in the European Union |
| title_full_unstemmed | Subsidiarity as Judicial and Legislative Review Principles in the European Union |
| title_short | Subsidiarity as Judicial and Legislative Review Principles in the European Union |
| title_sort | subsidiarity as judicial and legislative review principles in the european union |
| topic | Role of Member State legislatures Judicial enforcement of subsidiarity Legislative review of subsidiarity |
| url | http://hdl.handle.net/20.500.11937/38686 |