Subsidiarity in the union law: a success or a failure?

• Author: Carmen Lazar
• Position: Faculty of European Studies, Department of European Studies and Governance University Babes-Bolyai of Cluj-Napoca, Cluj-Napoca, Romania
• Pages: 71-81

AGORA International Journal of Juridical Sciences, www.juridicaljournal.univagora.ro

ISSN 1843-570X, E-ISSN 2067-7677

No. 1 (2014), pp. 71-81

71

SUBSIDIARITY IN THE UNION LAW: A SUCCESS OR A FAILURE?

C. Lazr

Carmen Lazr

Faculty of European Studies, Department of European Studies and Governance

University Babeş-Bolyai of Cluj-Napoca, Cluj-Napoca, Romania

*Corespondence: University Babeş-Bolyai of Cluj-Napoca, 1 Emmanuel de Martonne St.,

Cluj-Napoca, Romania

E-mail: crmnlazar@yahoo.fr

Abstract

The principle of subsidiarity has been introduced in the Union law, as a constitutional

principle, by the Treaty on the European Union in order to protect the competences and the

authonomy of the member States from the interferences of the Union (the European

Community at that moment) in the areas of shared competence. It is not sure today that it has

succeeded to fulfil this role. Due to their functional nature, the competences of the Union has

gradually expanded until now.

Key words: subsidiarity, Union, competences, jurisprudence, doctrinal comments

Introduction

In a previous article1 we have treated those principles of the European Union law

which constitute means of protection of the human rights; more precisely we have approached

the most important of them. In the present study we are going to approach the principle of

subsidiarity, which is destined – at least at first sight – to p rotect the competences of the

States against the possible interferences of the actions of the European Union, as far as the

States and the Union are competent in a field. We shall show th e legal definition of this

principle and the specifications brought to it by Protocols joined to the treaties, the comments

– favourable or not – made on it by the doctrine a nd the jurisprudence of the Union related to

it. We shall not treat procedural aspects related to it, because we did this in a previous

article2.

Definition and comments

The principle of subsidiarity has been for the first time introduced in the Treaty

establishing the European Economic Community (become later Treaty establishing the

European Community – TEC) by the Single European Act of 1986 (SEA)3, but it was

applicable at that moment only in the field of the environment. Here is t he formula from the

art.130R par. 4 of the TEC as introduced by the SEA: "The Community sha ll take action

relating to environment to the extent to which the objectives referred to in paragraph 1 can be

attained better at Community level than at the level of the individual Member States…."

Later, the Treaty on the European Union (TEU, called then t he Treaty of Maastricht) o f 19924

1 See Carmen-Nora Lazr, Principiile generale ale dreptului Uniunii Europene – mijloace de protecie a

drepturilor omului, in Contemporary legal institutions i n the context of the integration in the EU, Universul

Juridic Publishing, Bucharest, 2012, pp. 101-112.

2 See Carmen-Nora Lazr, Rolul parlamentelor naiionale în tratatele ante rioare ale Uniunii Europene şi ale

Comunitilor Europene şi în Tratatul de la Lisabona, in Dreptul no. 6/2010, pp. 203-209.

3 Entered into force in 1987.

4 Entered into force in 1993.