Bulletin n. 3/2014
February 2015
CONTENTS
  • Section A) The theory and practise of the federal states and multi-level systems of government
  • Section B) Global governance and international organizations
  • Section C) Regional integration processes
  • Section D) Federalism as a political idea
  • Gabriel A. Moens, John Trone, Ermanno Calzolaio
    The Legislative Principle of Subsidiarity: a Meaningful Restriction upon the Legislative Power of the European Union?
    in Diritto pubblico comparato ed europeo , no. 2 ,  2014 ,  563-580
    The principle of subsidiarity is a judicially enforceable legal principle in the European Union (EU) legal system. Although it is used in the judicial review of EU legislative acts, the relevant Treaty provisions risk to be emptied of their meaning as a result of the approach adopted by the European Court of Justice (CJEU) in their interpretation. This paper deals with the more promising application of the principle in the EU legislative process. In particular, the paper reviews the reliance of the parliaments of the Member States on this principle in their involvement with the EU legislative process. The paper asks the question whether this reliance has the potential of serving as a meaningful and effective legislative safeguard of subsidiarity.
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