The New Nuances of Subsidiarity Principle

AuthorVasilica Negrut
PositionProfessor, PhD, Dean of Faculty of Law, 'Danubius' University of Galati
Public Law
Abstract: Through this study we
highlight, bas ed on anal ysis, ob
after the entry into force of the L
this principle, we stopped on
Subsidiarity principle is now a
respecting the democratic princip
of national parliaments in the pro
Keywords: subsidiarity principle
1. Introduction
Transformed into the EU r
difficult path, rooted in t
society should provide suppor
they retain their autonom
Professor, PhD, Dean of Facu
800654 Galati, Romania. Tel.
The subsidiarity principle is fo
29). From the theological p oint
from private companies to be tr
their own initiative and with the
disturbing the social order, if it w
and higher-level collectivity, fu
1993, p. 86). Within the same do
principle so important to s ocial p
to help the members of the soci
1997, p. 60)
Public Law
The New Nuances of Subsidiarity Princi
Vasilica NEGRUŢ 1
we resume a topic analyzed by other authors as well, however we
observation and case stud y, the new nuances of subsidiarity pri
e Lisbon Treaty. B ased on the historical perspective of the approa
n the subsidiarity’ s place and role in the European reorganiz
w a way of resetting the EU' s relations with the Member States,
ciples established by the Treaty on Europea n Union, increasing th
proper functioning of the European Union.
iple; the European Union; competences
U rule of law, the subsidiarity principle has experienc
n the Catholic social doctrine2, according to which
support to its weaker members, but must it take care
onomy and self-esteem (De Vargas Rex, 2012, p. 255
aculty of Law, “Danubius” University of Galati, 3 Galati Boul
el.: +40.372.361. 102, fax: +40.372.361.290. Corresponding a
found in the encyclical “Quadragesimo Anno” of 1931 (Popa, 19
int of view the principle is formulated as follows: “As you canno
transferred to the community, the tasks which they are able to p
their own means, it would be committed an injustice, at the same
it would withdraw the inferior groups, in order to be entrusted to a
functions that they would be able to achieve.” (Nemery & Wa
document, Pope Pius the XIth s aid “It can neither change nor shak
al philosophy. The natural object of any intervention in social mat
ocial body and not to destroy or absorb them.” (Bădescu & Alex
AUDJ, vol. 10, no. 1/2014, pp.
r we will
roach of
es, while
the role
enced a
hich the
are that
p. 255).
a uthor:
1997, p.
nnot take
o pay on
me time
a larger
hake this
atters is
p. 45-53

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