Legal Glossary/Subsidiarity
EU Institutional Terms

Subsidiarity

In Simple Terms

The principle that the EU should only act when objectives cannot be sufficiently achieved by member states alone and can be better achieved at EU level.

Formal Legal Definition

A fundamental principle of EU law under Article 5(3) TEU, providing that in areas not within its exclusive competence, the Union shall act only if the objectives of the proposed action cannot be sufficiently achieved by the Member States.

Practical Example

Before proposing new environmental legislation, the Commission must demonstrate that the environmental problem cannot be adequately addressed by individual member states acting alone.

Why It Matters

Subsidiarity limits EU legislative overreach and protects member state autonomy. National parliaments can challenge EU proposals that they believe violate the subsidiarity principle.

Related Terms

How snowLEX helps with Subsidiarity

snowLEX can analyze subsidiarity arguments in EU legislative proposals and find relevant CJEU case law on the principle's application.

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