Subsidiarity, a Political and Legal Analysis

Journal of Common Market Studies, Vol. 50, p. 72, 2012

Oxford Legal Studies Research Paper No. 15/2012

31 Pages Posted: 26 Mar 2012

See all articles by Paul P. Craig

Paul P. Craig

University of Oxford - Faculty of Law

Multiple version iconThere are 2 versions of this paper

Date Written: February 24, 2012

Abstract

The concept of subsidiarity was a notable addition to the Maastricht Treaty when it was first introduced. It continues to be of political and legal significance in the post-Lisbon world. This article considers subsidiarity from a political and legal perspective. It analyses the diverse rationales behind its inclusion in the Treaty, and the reasons why it has proven difficult to realize the objectives of subsidiarity. The focus then shifts to the legal dimension and considers the role played by the EU courts in monitoring subsidiarity and suggestions that the EU courts should review subsidiarity through a form of competence-proportionality control.

Keywords: subsidiarity, judicial review, proportionality, regulatory failure

Suggested Citation

Craig, Paul P., Subsidiarity, a Political and Legal Analysis (February 24, 2012). Journal of Common Market Studies, Vol. 50, p. 72, 2012; Oxford Legal Studies Research Paper No. 15/2012 . Available at SSRN: https://ssrn.com/abstract=2028332

Paul P. Craig (Contact Author)

University of Oxford - Faculty of Law ( email )

St. Cross Building
St. Cross Road
Oxford, OX1 3UJ
United Kingdom

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