The New Nuances of Subsidiarity Principle

• Author: Vasilica Negrut
• Position: Professor, PhD, Dean of Faculty of Law, 'Danubius' University of Galati
• Pages: 45-53

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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

1

Professor, PhD, Dean of Facu

800654 Galati, Romania. Tel.

vasilicanegrut@univ-danubius.ro

2

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)

JURID

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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

s.ro.

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.

RIDICA

45

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nciple

r we will

principle

roach of

nization.

es, while

the role

enced a

hich the

are that

p. 255).

ulevard,

a uthor:

1997, p.

nnot take

o pay on

me time

a larger

Wachter,

hake this

atters is

Alexandru,

p. 45-53