This report addresses the legal aspects of how the EU’s Cohesion Policy has changed over the past decade, exploring the legal argumentation behind its transformation. Cohesion Policy used to be understood as a policy with distinct features and clear limits, characterised by its focus on...

The application of securitization theory to cybersecurity is useful since it subjects the emotive rhetoric of threat construction to critical scrutiny. Floyd’s just securitization theory (JST) constitutes a mixture of securitization theory and just war theory. Unlike traditional securitization...

The European Union is at a crossroads. At issue will be each of the three decisions which define a federal constitution: the number of participating governments, the assignment of policy responsibilities to the new EMU, and the representation of local interests in, and the decision-making rules...

We construct a set of indicators to measure the policy-making role of the European Union (European Council, Parliament, Commission, Court of Justice, etc.), in a selected number of policy domains. Our goal is to examine the division of prerogatives between European institutions and national...

Der Subsidiaritätsgedanke sollte von den politischen Entscheidungstragenden sowie von im europäischen Mehrebenensystem mitwirkenden Akteur:innen beachtet werden. Dazu gehört die Beachtung bei der legislativen Planung, dass die Einhaltung des Subsidiaritätsprinzips bedingungslose...

The paper considers the issue of whether a supranational fiscal policy in Europe is needed, and, if so, what responsibilities it should undertake. The literature on endogenous growth and the principle of subsidiarity suggest that such a policy should be limited to externalities or economies of...

This is the first English language paper seriously to examine the meaning of subsidiarity from the perspective of private law, in which it might be used to understand legal rules, or the interaction of different kinds of claim. Since there are so few relevant sources in English, this article...

Subsidiarity constitutes a guiding principle of the EU exercising power and the idea of involving national parliaments in the EU legislative procedure was seen as the best solution to increase democracy and transparency of the EU decision-making process at the European Convention established in...

While the EU recovery plan provides a useful step in alleviating the economic effects of the coronavirus crisis and achieving further European integration, a permanent fiscal stabilization capacity dealing with major crises is still missing. Such a EU-wide stabilization function would be in...

Purpose: This paper analyzes the development of the concept of subsidiarity, its relationship with management theories and the implementation of the principle of subsidiarity in the context of local self-government in Poland and Lithuania by conducting comparative research....

From the far beginning of the European Communities, with broader objective of creating a perfect unique market for the member states, it must be underlined the importance of the results of the harmonisation process of the contract law and the single market and that, in time, the institutions...

This Article proposes a unique resolution to the debate over political campaign participation by tax-exempt organizations, specifically religious organizations. By virtue of their tax-exempt status, these organizations are banned from participating in political campaign activity. Commentators...

This article suggests that a re-evaluation of the principle of subsidiarity is in order. While I make no sweeping claims that the principle of subsidiarity is always preferable or always undesirable, I do suggest that a close look at the myriad ways in which subsidiarity applies reveals that it...

This paper discusses how decentralized countries can achieve sound fiscal relations between the central government and lower government levels. The concepts of 'vertical gap' and 'vertical balance' provide an analytical framework for identifying and addressing key challenges. These concepts can...

The article presents an argument in favour of a richer theory of subsidiarity in the European Court of Human Rights context. In particular, the proposal is to include what is called a 'positive' dimension in subsidiarity thinking. That is to say, the article argues that the scholarly and...

This paper discusses how decentralized countries can achieve sound fiscal relations between the central government and lower government levels. The concepts of 'vertical gap' and 'vertical balance' provide an analytical framework for identifying and addressing key challenges. These concepts can...

The principle of subsidiarity requires decisions to be taken at the lowest practical level of government without, however, jeopardising mutually beneficial cooperation at the supranational level. Recent decades have seen efforts to strengthen the subsidiarity principle in EU law, including the...

Despite proliferating claims that Ghanaian forestry is collaborative and community-based, most powers over forestry remain concentrated in an unrepresentative and unaccountable centralized forestry administration. In ways that presage current negotiations over the principle of subsidiarity,...

The Treaty of Lisbon has entrusted national parliaments with the responsibility to monitor the respect of the principle of subsidiarity in new EU legislative proposals adopted in areas of non-exclusive EU competence (so-called Early Warning System). The Commission has been the primary...

This study was commissioned by the European Parliament's Policy Department for Citizens' Rights and Constitutional Affairs at the request of the Committee on Constitutional Affairs of the European Parliament. It assesses the implementation of the Treaty of Lisbon provisions on national...

National parliaments' contribution to the law-making process at European level should focus on the overall rationality of the draft legislative proposals. The Early Warning Mechanism must not be limited to considerations regarding the breach of the principle of subsidiarity, but also encompass...

This study was commissioned by the European Parliament's Policy Department for Citizens' Rights and Constitutional Affairs at the request of the Committee on Constitutional Affairs of the European Parliament. It assesses the implementation of the Treaty of Lisbon provisions on national...

The Treaty of Lisbon has entrusted national parliaments with the responsibility to monitor the respect of the principle of subsidiarity in new EU legislative proposals adopted in areas of non-exclusive EU competence (so-called Early Warning System). The Commission has been the primary...

National parliaments' contribution to the law-making process at European level should focus on the overall rationality of the draft legislative proposals. The Early Warning Mechanism must not be limited to considerations regarding the breach of the principle of subsidiarity, but also encompass...

Dieser Beitrag stellt die Frage, inwieweit das Weißbuch der EU-Kommission zur Zukunft der Europäischen Union erfolgversprechende Szenarien für eine künftige Ausgestaltung der europäischen Integration skizziert. Es wird gezeigt, dass die EU-Kommission bei dieser Aufgabe an einem Kern-Problem...

The projected inclusion of the subsidiarity principle and the margin of appreciation doctrine in the preamble to the European Convention on Human Rights (ECHR) is a legal turn that deserves special attention. Is it a welcomed reform which will enhance the Strasbourg Court's often-questioned...

This article examines how subsidiarity can limit the exercise of EU competence. It suggests that the problems of reconstructing subsidiarity cannot be seen in isolation from the issue of judicial review. In a substantive sense it contends that subsidiarity can be reconceptualised as a principle...

This article, part of a special issue of Law and Contemporary Problems on subsidiarity in international law and governance (edited by Markus Jachtenfuchs and Nico Krisch), examines from positive and descriptive perspectives the actual extent of subsidiarity-like provisions and processes in the...

The article investigates the diffusion of the principle of subsidiarity to select regional integration regimes in Latin America (Mercosur, Andean Community) and Africa (ECOWAS, EAC, SADC). It finds that even in contexts in which the institutional design of a regional integration regime appears...

Since the 1970s, the influence of the European Union in the area of environmental law and policy has steadily expanded, even though environmental policy continues to be a shared competence between the European Union and its Member States. As such, the allocation of competences between the...

The role of sub-national bodies in EU decision-making has grown. In this regard, significant changes were introduced by the Treaty of Lisbon, which inserted an explicit reference to the sub-national dimension of the subsidiarity principle, and granted the Committee of the Regions the right to...