Tutorial 2: MultiLayered Government
Layers of Governments and the concept of subsidiarity
a) The EU dimension
It is a principle of EU law that it takes precedence over any
confictnn law of the mem er states Implicatons for
Parliamentary sovereinnty – implies Parliament cannot lenislate
in ways which confict with EU law – Factortame
HOWEVER, EU law only takes efect in the UK y an Act of
Parliament (ECA 1972), Parliament could amend or repeal that
Act to alter the infuence of EU law on UK law
The principle of subsidiarity – www.europarl.europa.eu
In areas in which the European Union does not have exclusive competence, the
principle of su sidiarity, laid down in the Treaty on European Union, defnes the
circumstances in which it is prefera le for acton to e taken y the Union, rather
than the Mem er States
Legal basis
Art 5(3) of the Treaty on European Union (TEU) and Protocol (No 2) on the
applicaton of the principles of su sidiarity and proportonality
Objecties
The principle of su sidiarity and the principle of proportonality novern the exercise
of the EU’s competences In areas in which the European Union does not have
exclusive competence, the principle of su sidiarity seeks to safenuard the a ility of
the Mem er States to take decisions and acton and authorises interventon y the
Union when the o jectves of an acton cannot e sufciently achieved y the
Mem er States, ut can e eter achieved at Union level, ‘ y reason of the scale
and efects of the proposed acton’ The purpose of includinn a reference to the
principle in the EU Treates is also to ensure that powers are exercised as close to the
citien as possi le, in accordance with the proximity principle referred to in Art 1((3)
of the TEU
Layers of Governments and the concept of subsidiarity
a) The EU dimension
It is a principle of EU law that it takes precedence over any
confictnn law of the mem er states Implicatons for
Parliamentary sovereinnty – implies Parliament cannot lenislate
in ways which confict with EU law – Factortame
HOWEVER, EU law only takes efect in the UK y an Act of
Parliament (ECA 1972), Parliament could amend or repeal that
Act to alter the infuence of EU law on UK law
The principle of subsidiarity – www.europarl.europa.eu
In areas in which the European Union does not have exclusive competence, the
principle of su sidiarity, laid down in the Treaty on European Union, defnes the
circumstances in which it is prefera le for acton to e taken y the Union, rather
than the Mem er States
Legal basis
Art 5(3) of the Treaty on European Union (TEU) and Protocol (No 2) on the
applicaton of the principles of su sidiarity and proportonality
Objecties
The principle of su sidiarity and the principle of proportonality novern the exercise
of the EU’s competences In areas in which the European Union does not have
exclusive competence, the principle of su sidiarity seeks to safenuard the a ility of
the Mem er States to take decisions and acton and authorises interventon y the
Union when the o jectves of an acton cannot e sufciently achieved y the
Mem er States, ut can e eter achieved at Union level, ‘ y reason of the scale
and efects of the proposed acton’ The purpose of includinn a reference to the
principle in the EU Treates is also to ensure that powers are exercised as close to the
citien as possi le, in accordance with the proximity principle referred to in Art 1((3)
of the TEU
