Abstract
There is no alternative to the megaproject we call the ‘European Union’. But it could be brought much closer to the citizens of Europe by putting the principles of subsidiarity into effect in more practical ways. This requires greater involvement by national, regional and local stakeholders. Subsidiarity means less Europe where EU-level action would not add value, but more Europe where we need Europe-wide efforts. The new Austrian government wants to shape the EU in accordance with the principle of subsidiarity. What can be done? How can national, regional and local authorities play a greater role in the legislative process? It would help if the member states could be given more time to examine whether new proposals for EU legislation conform to the principle of subsidiarity. This would mean extending the eight-week period that is currently allotted for carrying out these examinations. Directives should be preferred over regulations, and the use of delegated acts should be restricted. A ‘Green Card’ procedure could expand the political dialogue aimed at initiating new EU legislation. And efforts to improve EU legislation linked to subsidiarity should focus on reducing overregulation and bridging the gap between the ideal and the real.
Highlights
The principle of subsidiarity holds that decisions should be taken at the most immediate or local level possible and as close to the citizens as possible
The subsidiarity principle, as laid down in Article 5(3) of the Treaty on European Union (TEU), determines whether action should be taken at the European level or at state level, helping to settle disputes concerning the division of competences
The work of the task force has restarted the debate on subsidiarity
Summary
The principle of subsidiarity holds that decisions should be taken at the most immediate or local level possible and as close to the citizens as possible. It is one of the core organising principles of the EU and can be considered from political, legal and administrative perspectives. This article gives an overview of the subsidiarity scrutiny process, the work of the Task Force on Subsidiarity and Proportionality, and Austria’s proposals. It discusses how the debate on this area is likely to go in the future
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