Panara, C (2016) The Enforceability of Subsidiarity in the EU and the Ethos of Cooperative Federalism. European Public Law, 22 (2). pp. 305-331. ISSN 1354-3725

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Abstract

In this article I will tackle the issue of the enforceability of subsidiarity in the EU and, more specifically, I will deal with the following questions: if and to what extent subsidiarity is justiciable; if the full justiciability of subsidiarity would be politically sustainable; and if there are any alternatives to the judicial enforcement of subsidiarity. I will argue that subsidiarity is justiciable, even though its judicial enforcement should be limited to particular situations. I will also argue that full justiciability of subsidiarity would be politically unsustainable in the long run and that a balanced combination of judicial review, procedural ar-rangements and political cooperation is the only alternative to an all-encompassing judicial enforcement of subsidiarity. In tackling this issue I will use a comparative law approach in that I will make extensive reference to the legal systems of Germany and Italy.

Item Type:	Article
Additional Information:	This is a pre-edited work and has been accepted for publisher in European Public Law
Subjects:	K Law > K Law (General) K Law > KZ Law of Nations
Divisions:	Law
Publisher:	Kluwer Law International
Date Deposited:	27 Oct 2015 09:35
Last Modified:	04 Sep 2021 13:51
URI:	https://researchonline.ljmu.ac.uk/id/eprint/2241

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