subsidiarity

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Subsidiarity

In Catholic social justice theory, the idea that decisions should be made at the lowest feasible level of governance. That is, subsidiarity states that humans, while basically the same, sometimes have different needs and if possible should be able to solve their own problems without having solutions imposed upon them. This concept has been used to criticize socialism and state regulation more generally. See also: Solidarity.

subsidiarity

a principle enshrined in the MAASTRICHT TREATY which affirms that, wherever possible, decision-making in the EUROPEAN UNION (EU) should be ‘taken as close as possible to the citizens’ affected. This implies that matters affecting all member countries need to be resolved at an EU-wide level whereas matters affecting only an individual member country are best left to the member concerned. See SOCIAL CHAPTER, COMPETITION POLICY (EU).

subsidiarity

a term used in the context of the position of the EUROPEAN UNION (EU) authorities vis-à-vis individual member countries with regard to the locus of power and responsibilities in the application of central EU policies to member countries. For example, EU COMPETITION LAWS take precedence over the national competition laws of member countries. However, a subsidiarity provision can be invoked, which permits the competition authority of a member country to request permission from the EU Competition Directorate to investigate a particular dominant firm or merger case if it appears that the ‘European dimension’ is relatively minor compared to its purely local impact.
References in periodicals archive ?
The legal significance of the principle of subsidiarity is its regulation of the exercise of concurrent powers, which can be interpreted from two perspectives, that: (a) the Community should not take an action or pursue a policy that can be sufficiently taken or pursued by Member States; and (b) the Community can take an action or pursue a policy, which by reason of 'its scale or effects' is better handled at this level.
the creative aspect of the principle of subsidiarity (especially in its
The achievement of this objective is considered to be possible if the principle of subsidiarity is applied at all the levels: local and national; public and private (10).
Article 5 of the Treaty establishing the European Community (TEC) (5) seeks to apply the principle of subsidiarity in the following way:
It could be argued that in the Church of England the principle of subsidiarity, although nowhere formally acknowledged, is implicitly assumed in the ordering of synodical government, with the guaranteed rights of parochial church councils and deanery and diocesan synods acting as a restraint on the authority of General Synod and with the authority of the Bishop in his diocese subject also to similar restraints.
The principle of subsidiarity proposes a set of criteria to know who must be responsible for what in which circumstances.
Borg merely answered that he would apply the treaty and the Charter of Fundamental Rights, along with the principle of subsidiarity.
He cites the important work of Catholic scholars informed by the principle of subsidiarity and the relation of subsidiarity to civil society, even while the "principle of catholicity" (xix) itself undergoes significant transformation as the church confronts globalization.
In the case of a universal issue such as health care, in which private entities cannot provide for all, the principle of subsidiarity is not at play.
Responsible corporate governance, then, is the pursuit of innovation and profit that will relieve environmental pressure and internalize some externalities and thereby transform areas previously perceived as public domains into new markets for sustainable development, while the state retains the responsibility for reforming the framework conditions, for monitoring public concerns, and for innovation-inducing regulation, especially at lower levels of policy making such as that characterized by the European Union principle of subsidiarity (this twin process is the "co-evolution" found in the title).
The general argument is that Althusius' federalist principle is the principle of subsidiarity, whichstates that no higher authority can legitimately claim responsibility for something that a lower authority could do.

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