Limits and Tensions of the Principle of Subsidiarity in the Context of the European Union

Krunková, Alena (2025) Limits and Tensions of the Principle of Subsidiarity in the Context of the European Union. LAW IDENTITY AND VALUES, 5 (2). pp. 73-88. ISSN 2786-2542

Preview

Text LIVe10_Krunkova.pdf - Published Version Available under License Creative Commons Attribution Non-commercial No Derivatives. Download (237kB) | Preview

Abstract

The Maastricht Treaty introduced the principle of subsidiarity within the European Union with the intention to declare a clear position in the exercise of the competences of the Member States and the European Union. Over time, it has become a popular concept, often used across the wide range of legal facts on which the European Union is built. However, its originally clear concept was subject to certain limitations that have sooner or later manifested in individual Member States. This paper highlights the legal and factual level of implementation of the principle of subsidiarity and its consequences, which are not always manifested directly. This causes certain tensions to develop into limitations in the application of European Union law by the Member States. Subsidiarity is also an essential aspect of federalism, reflecting its centralised and decentralised levels. Thus, the first part of this paper examines this issue from a theoretical perspective with an emphasis on the link with federalism, and the second part analyses selected aspects of the practical level based on experience in the Slovak Republic.

Actions (login required)

Edit Item