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Subsidiarity as a Limit to the Exercise of EU Competences
Örebro University, School of Law, Psychology and Social Work, Örebro University, Sweden. (European Law, Criminal Law)ORCID iD: 0000-0002-0293-9199
2016 (English)In: Yearbook of European Law, ISSN 0266-7223, 1-30 p.Article in journal (Refereed) Epub ahead of print
Abstract [en]

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 that challenges the internal market justification for exercise of Union competences. It argues for a narrow understanding of subsidiarity, suggesting the EU legislator to demonstrate the risk or the existence of a transnational market failure or a transnational interest in order to substantiate EU harmonization. From the perspective of judicial enforcement the key argument is to change the focus from ‘substantive review’ to ‘procedural review’ of subsidiarity in order to meet institutional concerns. The proposed standard of review suggests that the EU legislator must offer ‘adequate reasoning’ and ‘relevant evidence’ to maintain that EU legislation conforms to the subsidiarity principle.

Place, publisher, year, edition, pages
Oxford: Oxford University Press, 2016. 1-30 p.
Keyword [en]
Subsidiarity, judicial review, internal market, EU competences, competence control
National Category
Law (excluding Law and Society) Law and Society
Research subject
Legal Science; European Law
URN: urn:nbn:se:oru:diva-53674DOI: 10.1093/yel/yew027OAI: oai:DiVA.org:oru-53674DiVA: diva2:1050391
Subsidiaritetsprincipen och EU:s straffrätt
Available from: 2016-11-28 Created: 2016-11-28 Last updated: 2016-11-29Bibliographically approved

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Jacob, Öberg
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School of Law, Psychology and Social Work, Örebro University, Sweden
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