Dissertation droit européen subsidiarité

Introduction :

In this dissertation, I will first set out the principle of subsidiarity in relation to Community law. Secondly, I will explain how Member States can argue that a draft law does not comply with the principle of subsidiarity. Finally, I will express my opinion on the conformity of Community law with the principle of subsidiarity. But before we begin it is necessary to define the therm of subsidiarity:

The principle of subsidiarity is a political and social norm. According to this principle, if necessary, responsibility for public actions lies with the competent entity closest to the entities directly concerned by the action. When the situation exceeds the authority of a particular entity responsible for public actions, that authority will be transferred to a higher-level entity, and so on. The principle of subsidiarity ensures that public decision-making will not maintain contact with those who must respect public decision-making. In short, it is a search for the relevant hierarchy of public actions that must be conceived.

I/ subsidiarity in relation to European Union law

The principle of subsidiarity governs the exercise of the power of the European Union as a whole. It is linked to the normal functioning of the European Union because it solves the problem of the distribution of powers between the European Union and its Member States. It will determine whether the EU has the right to intervene in a specific area or whether Member States' intervention should be a priority. More specifically, the principle will reflect the fact that, in addition to its own capacities, the EU can only act if its actions are more effective than the actions that Member States should undertake. In the words of the European Social Fund, it can be summarized as follows: "in Europe if necessary, and in your own country if possible". Therefore, the main objective of the subsidiary principle.  If the objective of an action cannot be fully achieved by the Member States but can be achieved more satisfactorily at the coalition level, this also legitimizes the intervention of the coalition. Consequently, in accordance with the principle of similarity set out elsewhere in Article 10(3) of the «EU Treaty», the aim of its introduction into the European Treaty is to make the exercise of power as close as possible to the level of citizens. The right to participate in the democratic life of the alliance. Decisions must be as open and as close to citizens as possible.

Therefore, this basic principle benefits the Member States which are also their guardians. Article 5, paragraph 3, point 2 of the TEU states: "The ITU organization shall apply the principle of subsidiarity in the "Protocol" on the application of the principle of subsidiarity and proportionality. National Parliaments shall ensure compliance with the principle of subsidiarity in accordance with the procedures laid down in the Protocol. ". Therefore, we shall now see how the Member States maintain that the proposed law does not comply with the principle of subsidiarity.

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II/ Member States law and subsidiarity

The national parliaments of the member states of the European Union respect the principle of subsidiarity because from the date of a proposal, any national parliament or the lower chamber of the national parliament has eight weeks to send a reasonable opinion to the committee, The reasons why MEPs believe that the bill violates the principle of subsidiarity in accordance with the procedures set out in Protocol II.

 The impact of these opinions depends on the number of votes of the representatives of the national parliament transmitted to the committee. Therefore, each National Assembly has two votes. In a two-chamber system, as in France, each Senate has one vote. According to this standard, we can divide this control mechanism into two different processes.

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