Subsidiärem

Subsidiärem is a Swedish term primarily used in legal and academic writing to indicate that a provision, rule, or argument applies subsidiarily—that is, as a secondary or fallback measure rather than as the primary rule. The word derives from the adjective subsidiär, itself from Latin subsidiarius meaning “supporting” or “auxiliary.” In Swedish texts, subsidiärem serves as an adverbial or inflected form to mark that a statement applies only if the main rule does not suffice.

In practice, using subsidiärem signals a fallback or supplementary application. For example, a clause might state that a certain obligation applies subsidiärem when the primary obligation cannot be fulfilled. This usage helps distinguish between primary and auxiliary legal mechanisms and clarifies the order in which provisions should be considered.

Contexts and significance: The concept is common in constitutional, administrative, and contract law, where it clarifies when secondary provisions should operate. It also aligns with broader notions of subsidiarity, a guiding principle in which decisions are made at the lowest level capable of addressing an issue, with higher levels intervening only when necessary. In Europe, subsidiarity underpins the balance of power between member states and the European Union, ensuring that actions are taken as locally as possible.

See also: subsidiarity, subsidiär, subsidiary.

Note: The form subsidiärem reflects Swedish inflection and usage, and is most often encountered in formal or legal Swedish texts.