In areas that do not fall within its exclusive jurisdiction, te Community will act to the extent that is required, acording to the principles of subsidiarity, t achieve the stated aims. Tere are two aspects to this article (a) subsidiarity will prevail only when the achieved objective cannot be achieved by the Member State; terefore there is a preference for power to be allocated to the smaller unit, ie, te member States (b)Subsidiarity also denotes an efficiency test, ie, wen a desired goal can be achieved with better the Community.
Mreover, te issue of subsidiarity will not arise in areas that are the exclusive competence of the Community, bcause there is no issue of conflict with competence, snce Community law will be supreme in those areas where there is exclusive competence. Te question of subsidiarity arises in areas where the Community shares powers with those of the Member States. Te principle of subsidiarity deals with the allocation of powers to pre existing institutions and therefore is meant to shape democratic structures. Fr example Article I TEU states will be taken “as closely as possible to the citizen.
”the reason why the principle of subsidiarity was first included within the Maastricht Treaty was mainly to placate the Memebr States who felt that power from shifting from national level to European levels. Terefore, o the basis of subsidiarity, te EC does not enjoy unlimited competence to act, rther it must work within the constraint of the powers attributed to it through the Treaty. Hwever, i practice, wat has emerged is that there are no areas that may designated off limits to the EC and exclusive to the Member States.
Hnce, i many instances, te principle of subsidiarity is increasingly giving way to conferring of powers upon the EC. I is in view of the conflicts that arose between Community and State powers that the doctrine of pre emption was mooted. Te problem that arises is the maintenance of the validity of the Community legal order vis a vis the maintenance of the regulatory powers of member States. Rther than invoking the supremacy of EC law subordinating national i is better to introduce pre emption, wich is based upon the premise that the EC has wide room for judicial discretion when considering the issue of regulation of Community vs State. ..
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