The EU Principle of Subsidiarity and its Critique by Antonio Estella

The EU Principle of Subsidiarity and its Critique

byAntonio Estella

Hardcover | November 1, 2002

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The aim of this work is two-fold. First it attempts to construct a more solid critique of the European Union principle of subsidiarity. Second it tries to explain why the European Court of Justice is not fully implementing subsidiarity. Introduced in the EU legal order as a last resortprotection mechanism for member states in a minoroty position in the Council of Ministers regarding a particular issue , the principle of subsidiarity is not only misplaced to fulfill that goal, but also its underlying logic has potential side-effects for European integration. Furthermore it isargued that, the 'legislation' of the principle in the Maastricht Treaty, and its reinforcement through the Amsterdam Protocol on subsidiarity cannot overcome the legitimacy dilemmas that the European Court of Justice would have to confront if it opted for the implementation of the principle. Thisbook gives an in-depth analysis of both issues, in the context of a wider analysis that concerns the legitimacy of the political and legal structures of the European Union.

About The Author

Antonio Estella is Assistant Professor of Administrative and European Union Law at the University of Carlos III of Madrid. Previously he was Assistant Professor of European Law, and Co-ordinator of the European Union Law Department at the University of Antonio of Nebrija
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Details & Specs

Title:The EU Principle of Subsidiarity and its CritiqueFormat:HardcoverDimensions:232 pages, 9.21 × 6.14 × 0.67 inPublished:November 1, 2002Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199242429

ISBN - 13:9780199242429

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Table of Contents

GROWTH1. INTRODUCTION2. MEASURING GROWTH: THE STATE OF THE QUESTION3. FORMAL GROWTH4. MATERIAL GROWTH5. CONCLUSIONSLEGITIMACY1. INTRODUCTION2. LEGITIMACY: AN ELUSIVE CONCEPT3. EUROPE AS A LEGITIMACY PROBLEM4. THE UNITED KINGDOM AND THE COMMUNITY'S ENVIRONMENTAL POLICY AS AN EXAMPLE OF THE IMPACT OF THE MAJORITY PRINCIPLE UPON THE SOVEREIGNTY AND INTERESTS OF MEMBER STATES5. CONCLUSIONS.SUBSIDIARITY IN MAASTRICHT1. INTRODUCTION2. THE FOUNDATIONS OF THE COMMUNITY PRINCIPLE OF SUBSIDIARITY3. BINDING COMMITMENTS: THE INTRODUCTION OF SUBSIDIARITY IN THE EC TREATY BY THE MAASTRICHT TREATY4. SUBSIDIARITY IN MAASTRICHT5. CONCLUSIONSSUBSIDIARITY IN AMSTERDAM1. INTRODUCTION2. WHICH INSTITUTIONS ARE OBLIGED TO IMPLEMENT SUBSIDIARITY?3. HOW DOES SUBSIDIARITY IMPINGE UPON THE COMMUNITY'S CONSTITUTIONALISM?4. HOW IS SUBSIDIARITY DEFINED?5. HOW IS SUBSIDIARITY TO BE IMPLEMENTED?6. CONCLUSIONS: FUNCTIONAL AND NORMATIVE LIMITS OF SUBSIDIARITYSUBSIDIARITY BEFORE THE COURT1. INTRODUCTION2. THE ECJ CASE-LAW ON SUBSIDIARITY3. EXPLAINING THE COURT'S DOCTRINE ON SUBSIDIARITY4. CONCLUSIONS: WHEN BINDING COMMITMENTS FAIL