Principle of subsidiarity and what are the criteria for the EU to intervene

Anybody care to venture an opinion or thoughts on subsidiarity and where the EU might intervene if the state fails in meeting goals or targets.

Marcusm

Homework? A quick google search will lead you to plenty of eminent papers… Chat GPT might write you an essay!

for the EU it’s (in theory) all about avoiding overreach and not taking powers away from National parliaments. In reality, it’s all about conformity and centralisation!

ohnonotgmail

Chat GPT write a nice response with citations

The Principle of Subsidiarity is a key principle of the European Union (EU) that determines the level of authority and decision-making power in the EU. The principle states that decisions should be made at the most appropriate level of government, with higher levels only intervening when lower levels are unable to adequately address an issue.

In practical terms, this means that the EU should only act if it can add value to national, regional or local efforts or if it is necessary to address issues that cannot be dealt with effectively at national, regional or local level.

The EU has developed criteria to determine when it is appropriate to intervene in a particular policy area. These criteria include:

1. Necessity: The EU should only act if there is a clear need for action at the EU level and if member states cannot achieve the desired outcome alone.
2. Effectiveness: The EU should only act if its intervention is likely to achieve the desired outcome in a more effective way than national, regional or local actions.
3. Proportionality: The EU should only intervene to the extent necessary to achieve the desired outcome, without going beyond what is necessary.
4. Subsidiarity: The EU should only act if the proposed action cannot be achieved adequately by member states acting alone, and if EU action is likely to provide added value.
5. EU-wide Impact: The EU should only act if the proposed action is likely to have an EU-wide impact or if it affects multiple member states.

a few examples of areas where the EU has intervened:

1. Environmental Protection: The EU has implemented a number of regulations to protect the environment, including emissions standards for cars, bans on certain pesticides, and limits on plastic waste.
2. Competition Policy: The EU has a competition policy that ensures fair competition between businesses in the EU. The EU has taken action against companies that engage in anti-competitive behavior, such as price fixing, abuse of dominant position, and mergers that would create monopolies.
3. Consumer Protection: The EU has implemented regulations to protect consumers, such as requiring clear labeling on food products, establishing safety standards for products, and prohibiting unfair business practices.
4. Financial Stability: The EU has taken steps to ensure financial stability, such as implementing regulations for banks and financial institutions to prevent another financial crisis like the one in 2008.
5. Human Rights: The EU is committed to upholding human rights and has intervened in cases where member states have violated human rights, such as taking action against Poland for violating the independence of its judiciary.

These are just a few examples of areas where the EU has intervened. The EU also intervenes in other areas, such as trade policy, foreign policy, and immigration policy.

In summary, the Principle of Subsidiarity means that decisions should be made at the most appropriate level of government, with the EU intervening only when necessary and where it can add value to national, regional or local efforts. The EU's criteria for intervention include necessity, effectiveness, proportionality, subsidiarity and EU-wide impact.

• European Union, "The Principle of Subsidiarity," https://europa.eu/european-union/about-eu/principles-and-values/subsidiarity_en
• European Parliament, "Subsidiarity," https://www.europarl.europa.eu/factsheets/en/sheet/31/subsidiarity
• European Commission, "Better regulation: Subsidiarity and proportionality," https://ec.europa.eu/info/law/law-making-process/principles-and-values/better-regulation/subsidiarity-and-proportionality_en
• Treaty on the Functioning of the European Union, Article 5(3) and Article 114, https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A12012E%2FTXT

Thank you both!

mmclo

The EU doesn't "intervene" it is a treaty based organisation that makes laws accepted by the member states according to their constitutional conditions. Everything is set out in the treaties but it is mainly making laws. Where there is "intervention" it is according to those rules and subject to the European Court of Justice and the Charter of Fundamental Rights.

Take the Apple case the EU acting under it's competition competence issues fines saying Ireland is providing a state aid. Ireland says this is an overreach and can't be done retrospectively, Ireland goes to the Court. The ECJ has ruled in favour of us initially and this is subject to appeal by the EU Commission. There is also an argument that (this form) of taxation is a member state competence only