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Oxford Principles Of European Union Law: The European Union Legal Order: Volume I$
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Robert Schütze and Takis Tridimas

Print publication date: 2018

Print ISBN-13: 9780199533770

Published to Oxford Scholarship Online: March 2021

DOI: 10.1093/oso/9780199533770.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 24 June 2021

The Principle of Subsidiarity

The Principle of Subsidiarity

(p.221) 7 The Principle of Subsidiarity
Oxford Principles Of European Union Law: The European Union Legal Order: Volume I

Federico Fabbrini

Oxford University Press

‘“[T]hree correcting words of the legislator and entire libraries are turned into maculature.” Worse still: three additional words and entire libraries may be filled again with learned commentaries.’ It is in these apt terms that Robert Schütze has described the principle of subsidiarity. Since its introduction into the constitutional fabric of European Union (EU) law in 1992, a flurry of scholarly research has focused on the principle of subsidiarity, approaching the subject from multiple perspectives—be it legal theory, law and politics, or law and economics—and contextualizing its meaning in multiple legal and policy areas—from environmental law, to the internal market, from education, to social policy, and now criminal law. This widespread interest for subsidiarity is not surprising: as a core constitutional principle of the EU legal order, subsidiarity stands at the crossroads of questions about EU federalism and separations of powers, functionalism and institutional design, and the ends and means of European integration through law.

Keywords:   ECJ case law, Early Warning Mechanism (EWM), European Public Prosecutor, Member States’, competence control, competence creep, complements federalism, draft legislative acts, dynamic concept

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