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Subsidiarity As A Procedural Safeguard Of Federalism, Xavier Groussot, Sanja Bogojevic

Sanja Bogojević

The subsidiarity principle is of obvious importance in a federal legal order built on conferred competences. Here, the federal order refers to a dual-levelled form of governance, that is the central and the national that operate in constitutional plurality, or, in other words, the legal order of the European Union (the Union). In such mode of organization, the key issue is establishing and enforcing mechanisms whereby the efficiency of the federal structure is ensured while avoiding excessive centralization of regulatory power. The core ethos of the subsidiarity principle is thus to deal with the division of fields of competences between …