Subsidiarity

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The principle of subsidiarity has its origins in Roman Catholic social thought, and exists in other constitutions around the world (see for example the Tenth Amendment to the United States Constitution). It is presently best known as a principle of European Union law.

Table of contents

1 Roman Catholic social thought 2 European Union law 3 External links

Roman Catholic social thought

The principle of subsidiarity holds that government should undertake only those initiatives which exceed the capacity of individuals or private groups acting independently. The principle is based upon the autonomy and dignity of the human individual, and holds that all other forms of society, from the family to the state and the international order, should be in the service of the human person. Subsidiarity assumes that these human persons are by their nature social beings, and emphasizes the importance of small and intermediate-sized communities or institutions, like the family, the church, and voluntary associations, as mediating structures which empower individual action and link the individual to society as a whole. "Positive subsidiarity", which is the ethical imperative for communal, institutional or governmental action to create the social conditions necessary to the full development of the individual, such as the right to work, decent housing, health care, etc., is another important aspect of the subsidiarity principle. The principle of subsidiarity was developed in the Encyclical Rerum Novarum of 1891 by Pope Leo XIII, as an attempt to articulate a middle course between the perceived excesses of laissez-faire capitalism on the one hand and the various forms of totalitarianism, which subordinate the individual to the state, on the other. The principle was further developed in Pope Pius XI's Encyclical Quadragesimo anno of 1931, and Economic Justice for All by the National Conference of Catholic Bishops.

European Union law

Subsidiarity was established in EU law by the Treaty of Maastricht. The present formulation is contained in Article 5 of the Treaty Establishing the European Community (consolidated version following the Treaty of Nice):

The Community shall act within the limits of the powers conferred upon it by this Treaty and of the objectives assigned to it therein.

In areas which do not fall within its exclusive competence, the Community shall take action, in accordance with the principle of subsidiarity, only if and in so far as the objectives of the proposed action cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale or effects of the proposed action, be better achieved by the Community.

Any action by the Community shall not go beyond what is necessary to achieve the objectives of this Treaty.

A more descriptive analysis of the principle can be found in Protocol 30 to the EC Treaty.

Article 9 of the proposed European constitution states

Under the principle of subsidiarity, in areas which do not fall within its exclusive competence the Union shall act only if and insofar as the objectives of the intended action cannot be sufficiently achieved by the Member States, either at central level or at regional and local level, but can rather, by reason of the scale or effects of the proposed action, be better achieved at Union level.

Formally, the principle of subsidiarity applies to those areas where the Community does not have exclusive competence, the principle delineating those areas where the Community should and should not act. In practice, the concept is frequently used in a more informal manner in discussions as to which competences should be given to the Community, and which retained for the Member States alone.

The concept of subsidiarity therefore has both a legal and a political dimension. Consequently, there are varying views as to its legal and political consequences, and various criteria are put forward explaining the content of the principle. For example:

• The action must be necessary because actions of individuals or member-state governments alone will not achieve the objectives of the action (the sufficiency criterion)
• The action must bring added value over and above what could be achieved by individual or member-state government action alone (the benefit criterion).
• Decisions should be taken as closely as possible to the citizen (the close to the citizen criterion)
• The action should secure greater freedoms for the individual (the autonomy criterion).

External links

• Protocol 30 to the Treaty establishing the European Community.
• Protocol to the draft European constitution on the application of the principles of Subsidiarity and Proportionality.