Role of the European Union in Applying the Principles of Subsidiarity and Proportionality

Abstract

The principle of subsidiarity has always been the subject of many studies for the fact that the center of gravity moves gradually from the criteria of attribution to those relating to the exercise of powers. The principle of subsidiarity involves only European Union’s competitive or collaborative competences when the action cannot be accomplished in member states level. While the principle of proportionality is a principle which obliges EU institutions to control the exercise of powers so that the measures taken do not exceed what is necessary to achieve the objectives that the institution or the institution must comply.The European Union institutions operate through political mechanisms (ex ante) and law mechanisms (ex post) control of the two principles.Legal control represents the fact that the Court of Justice has been cautioned in its control activities. The political control, in this paper, serves to present an overview of what led the recent treaties. In particular, we will analyze a new mechanism of preventive control, which aims to strengthen the control of the principles by the state parliaments (early warning system) on the basis of subsidiarity, which is a direct instrument to influence the legislative process. States are informed of any initiative of the Commission, who is forced to reconsider his proposal if one third of national parliaments consider incompatible with the principle of subsidiarity.

DOI: 10.5901/ajis.2013.v2n8p417