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Subsidiarity vs. Autonomy in the EU

Panara, C Subsidiarity vs. Autonomy in the EU. European Public Law. ISSN 1354-3725 (Accepted)

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Abstract

The principle of subsidiarity as construed by the Court of Justice and the Advocates General is not an autonomy clause. Article 5(3) TEU aims to promote the efficiency of governance rather than the autonomy of the Member States and of the subnational governments. Although a number of scholars emphasise the potential role of federal proportionality for the pro-tection of the autonomy, the effectiveness of this principle is limited in practice due to the Court’s judicial self-restraint. In the EU the autonomy of national and subnational governments is protected primarily by the legal bases in the Treaty. The reasoning of the Court to delimit these legal bases largely overlaps with and absorbs considerations of subsidiarity that ac-quire a merely ancillary role.

Item Type: Article
Uncontrolled Keywords: 1801 Law
Subjects: K Law > K Law (General)
Divisions: Law
Publisher: Kluwer Law International
Date Deposited: 04 Apr 2022 11:36
Last Modified: 04 Apr 2022 11:45
URI: https://researchonline.ljmu.ac.uk/id/eprint/16592

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