The Role of Subsidiarity in the Functioning of the European Union
Dr. Halima Barrouk
DOI:
https://doi.org/10.35682/jjlps.v11i2.223الملخص
As a general principle of institutional organization, the subsidiary is the principle according to which a decision must be taken at the lowest level of competent authority. It represents a rule of distribution of competences between the European Union and the Member States Apart from exclusive competences, the European Union acts if only if its action is more effective than that conducted at national or local level in view of their proximity to the citizen. As it is defined, the principle of subsidiary contains a power to reinforce local democracy, especially since it has two apposite implications, evoking the idea of substitute at the same time as the idea of relief. On the other hand, subsidiary is a political rather than a legal principle, its application has caused problems because not all political actors share the same definition of this principle and disagrees on the criteria to be applied to make it a reality, this is why it is difficult to give it a legal content.