Enforceability Of The Principle Of Subsidiarity In The European Union
The paper focuses on the enforceability of the principle of subsidiarity in the European Union after the entrance into force of the Treaty of Lisbon in 2009. That is, whether the principle of subsidiarity could be used as the legal basis in the European Courts’ review of legislation or whether it would only produce limited political effects which are not justiciable. In Author’s opinion, after the Lisbon Treaty and the annexed Protocols have given National Parliaments and Committee of the Regions the right to take legal action based on the respect of subsidiarity by EU legislators, a new positive era of judicial review is going to impact on the sharing competences model between the European Union and the Member States.
Index Terms - European Union, Lisbon Treaty, Subsidiarity, Enforcement