Subsidiaritet

Subsidiarity is a constitutional and political principle that decisions should be taken as closely as possible to the people affected, and that higher-level authorities should act only when lower levels cannot sufficiently address the issue. It is intended to protect local autonomy and prevent unnecessary centralization, while allowing coordinated action when it yields clear added value.

In the European Union, subsidiarity governs the division of competences between the Union and its member states. The Union should act only if objectives cannot be sufficiently achieved by member states alone and if action at the Union level can produce better results. The principle is closely linked to proportionality, which requires that the means employed by the Union to achieve its objectives are appropriate and not excessive.

Legal basis and practice: The principle is set out in Article 5 of the Treaty on European Union and is reinforced by the Protocol on subsidiarity and proportionality to the EU treaties. Under the Lisbon Treaty, national parliaments participate in an early-warning mechanism, where they may issue reasoned opinions on proposed legislation. If a sufficient number of parliaments raise concerns (often described as yellow or orange cards), the Commission must review the proposal and may revise or withdraw it.

History and impact: Subsidiarity has roots in federal and decentralization debates and was incorporated into EU law during the Maastricht Treaty and strengthened by Lisbon. In practice, it aims to protect national and regional autonomy while preserving the Union’s ability to act when it is more effective. Critics argue that it can be vague or procedural and that its impact varies across policy areas, but it remains a central reference point in EU governance.