Subsidiarity as a Procedural Safeguard of Federalism

The Principle of Subsidiarity and its Enforcement in the EU Legal Order : The Role of National Parliaments in the Early Warning System

“…180 An opposite view talks about a 'close relationship' 181 or even 'cannibalization' of subsidiarity by the proportionality principle by tying the 'who' and 'how' questions together. 182 Arguably the subsidiarity principle expressed in Article 5(3) TEU contains elements of the proportionality principle such as adequacy, necessity, and proportionality sensu stricto. 183 Adequacy is expressed by the phrase 'by reason of the scale or effects of the proposed action, be better achieved at Union level', whereas the 'if' and 'in so far as' in the subsidiarity formula enshrined necessity and proportionality sensu stricto, respectively.…”

“…This is in contrast to earlier judgements, when the Court's review of the procedural aspects of subsidiarity often required not more than a mention of the reasons for the Community to act in the preamble of the proposal. 235 The Vodafone case concerning roaming charges is seen as the beginning of this trend 236 and is the first case in which the Court referred to the impact assessment to support the review of the proportionality principle, 237 following up on the similar application of that impact assessment by the AG Maduro. 238 The AG underlined that the intent of the EU legislator is not enough to show compliance of the act with the subsidiarity principle, but that it instead should be required to compare the benefits of EU action with the possible problems and the costs of national action.…”

EU Climate Change Litigation, the Role of the European Courts, and the Importance of Legal Culture

“…In effect, these appeals go to the heart of EU constitutional law in the sense that they deal with the principle of subsidiarity (Groussot and Bogojević forthcoming; Biondi ). In an area of shared competence, such as the environment, the member states are allowed to legislate in so far as that regulatory activity has not been harmonised (art.…”