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...

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Main Authors: Moens, Gabriel, Trone, J.
Other Authors: Michelle Evans
Format: Book Chapter
Published: Springer 2014
Subjects:
Online Access:http://hdl.handle.net/20.500.11937/38686
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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.
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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