THE SUBSIDIARITY PRINCIPLE BETWEEN THE PRINCIPLES OF INTEGRATION AND EFFECTIVENESS ON THE ONE HAND AND DEMOCRACY AND SOVEREIGNTY ON THE OTHER HAND

Abstract

After the introduction of the principle of subsidiarity in the primary law of the Union by Maastricht in 1993, the core statement of the principle of subsidiarity was retained by the Treaties of Amsterdam 1999 and Lisbon 2009. The situation is different in the protocols to the contract, which themselves are components of primary law (Article 51 TEU). A more detailed protocol on subsidiarity, Protocol No. 2 on the application of the principles of subsidiarity and proportionality, was adopted for the first time in 1999 by the Treaty of Amsterdam. This was significantly changed by the Lisbon Treaty and, despite detailed regulations, raises numerous old and new questions. The approach and the vague legal concepts that reflect the divergent political interests and interpretations contribute to this. Through Lisbon Treaty, the 27 parliaments of the Member States and their respective parliamentary chambers have been given the right to have a say and to lodge a complaint to strengthen the idea of democracy. The motivations for strengthening the principle of subsidiarity can be traced back to the idea of democracy as well as sovereignty, which can have both an advantage and a disadvantage for the progressive integration of the EU. In addition, the Committee of the Regions has been granted an independent right of action in the context of an action for annulment. With the increasing number of participants and procedural rights, the European legislative process is becoming more lively, but at the same time more complex and therefore more difficult to handle overall.