The principle of subsidiarity is a maxim political and social according to which the responsibility for a public action, when it is necessary, must be allocated with the smallest entity able to solve the problem of itself. It goes hand in hand with the Principe of substitution , which wants that when the problems exceed the capacities of a small entity, the higher level has then the duty to support it, within the limits of the principle of subsidiarity.

It is thus the concern of taking care not to make on a higher level what can the being with as much of effectiveness on a weaker scale, i.e. the research of the relevant level of public action.

The significance of the Latin word of origin ( subsidiarii = troop of reserve, subsidium = reserve/recourse/supports) reflects this double movement well, at the same time of non-intervention (subsidiarity) and capacity of intervention (substitution).

Forms and fields

Subsidiarity can be:

• downward: delegation or attribution of capacities towards a smaller level, one speaks then about Dévolution or Décentralisation.
• ascending: attribution of capacities towards a vaster entity, one speaks then about Fédération or, between country, about Supranationalité.

Finding its origin in the social doctrines of the Catholic church, this concept became one of the watchwords of the European Union.

This principle of subsidiarity is clearly registered as well in the Droit as in the European speech . The application and the Contrôle of the implementation of this principle of subsidiarity are on the other hand questions Légitime S, but to date open.

Canon law

The principle of subsidiarity was taken again canonical Droit. He was formulated for the first time by the pope Leon XIII, in the Encyclique Rerum novarum , the first formalization of the social Doctrine of the Catholic church. That Ci had been made necessary by the abuses the Industrial revolution and its effects on the Civil society.

This principle, known as as “principle of assistance”, states as it is an error Morale and of Charité to let make by a too high social status what can be made by the social status low, because one would deprive it of all that it can do.

In the European Union

See also: Principle of subsidiarity of the European Community legislation

The principle of subsidiarity was introduced into the community legislation by article 3 B of the Traité of Maastricht. Following the example social Doctrine of the Catholic church, it aims at that the Décision S taken in the European Union are it at the most relevant level and nearest possible to the Citoyen S.

Principle

The principle of subsidiarity east defines in article 5 § 1 and 2 of the T.CE (Treated establishing the European Community) as follows: " the Community acts within the limits of competences which are conferred to him and the objectives which are assigned to him by this treaty. In the fields which do not raise of its exclusive competence, the Community does not intervene, in accordance with the principle of subsidiarity , which if and insofar as the objectives of the action considered cannot be realized adequately by the Member States and thus can, because of dimensions or the effects of the action considered, being realized better at community level .

It is under the pressure of Länder German that this principle was registered with the Treaty. Within the framework of concurrent competences between the European Union and the Member States, the European Union is Compétente when it is undeniable that the action of the Community seems more effective than an action taken by a more local authority.

It is then a question of defining on which criteria one will declare something of undeniable .

Implementation

One of the objectives implicit was to reduce the expansion of the bureaucratic sphere of activity within the Union.

However, its implementation is complex and subjective. This is why, actually, the policy options weigh as much as the optimal distribution of competences.

See too

• Hierarchy of the standards

• Sovereignty