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principle of subsidiarity (The principle of subsidiarity is fundamental to the functioning of the European Union (EU), and more specifically to European decision-making. In particular, the principle determines when the EU is competent to legislate, and contributes to decisions being taken as closely as possible to the citizen. The principle of subsidiarity is established in Article 5 of the Treaty on European Union. It appears alongside two other principles that are also considered to be essential to European decision-making: the principles of conferral and of proportionality. The Protocol on the application of the principles of subsidiarity and proportionality also defines the implementation of the principle of subsidiarity. In addition, the Treaty of Lisbon has considerably strengthened the principle of subsidiarity by introducing several control mechanisms in order to monitor its application. DEFINITION The principle of subsidiarity aims at determining the level of intervention that is most relevant in the areas of competences shared between the EU and the Member States. This may concern action at European, national or local levels. In all cases, the EU may only intervene if it is able to act more effectively than Member States. The Protocol on the application of the principles of subsidiarity and proportionality lays down three criteria aimed at establishing the desirability of intervention at European level: Does the action have transnational aspects that cannot be resolved by Member States? Would national action or an absence of action be contrary to the requirements of the Treaty? Does action at European level have clear advantages? The principle of subsidiarity also aims at bringing the EU and its citizens closer by guaranteeing that action is taken at local level where it proves to be necessary. However, the principle of subsidiarity does not mean that action must always be taken at the level that is closest to the citizen. europa.eu Alexander Demidov); principle of subsidiarity |