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subsidiarity

The EU Treaty of Lisbon, the first December 2009 entered into force, is consistently described as an important step towards strengthening democracy for the EU. In particular the new possibility of control of subsidiarity (Article 3b (5) is highlighted and hyped up. "We can now have a " yellow card " show and bring in appropriate judicial proceedings.
This " growth of democracy and legitimacy in the functioning of the EU " does not mean much.

Namely:
The decision on a claim of infringements of subsidiarity is not the Constitutional Court of Austria (Constitutional Court) but the European Court of Justice (ECJ ).

This Court has decided in his nearly 60-year history has never been against the policy of integration, therefore, can expect little protection of the subsidiarity principle! The ECJ referred to as the "motor of integration" (Rudolf Streinz, European Law, § 812, S 213)

given the national parliament, only eight weeks to file a suit (!). In that short time has to be justified sets out to be that a legislative act, not the European Union is inconsistent with the subsidiarity principle, otherwise, the proposal is binding and not open to challenge because of the violation of the subsidiarity principle!

But If the area Only operates responsibilities Union is concerned, there is no applicability of the subsidiarity . Exclusively responsibilities of the Union are the vital policies such as the determination of the broad economic policy, internal market and competition rules, outside or Sicherheitspolitk or monetary policy. Except

are also the competence-competence of the European Union. flexibility clause (Article 352), General borrowing authorization (Article 311 FEU Treaty (EU taxes possible) or the simplified amendment procedure (Article 48 / 6 TEU) With this authorization laws, the Union amend the Treaty to introduce EU taxes and are self-equipped with all the powers which it has to achieve its broad goals!

this authorization laws must not the Austrian Parliament
agree there is no ratification is necessary.

The Commission must be the reasoned opinions to consider a legislative act or . Check This, however, a third or a quarter of the total number of Parliaments of the Member States are necessary.

In the ordinary legislative procedure, it is for this principle characteristics, namely: to be revised depending on the number of the reasoned opinions on a proposal for a legislative act with the Subsidiaritsprinzip must be consistent, the proposal of the Commission and may hold on to in , change or withdraw. Also: if, by a majority of 55% of the members of the Council or a majority of the votes cast in the European Parliament considers that the proposal with the subsidiarity principle in line, the legislative proposal not being evaluated further.

But It is a concern that large countries do not have more votes as small countries. Subsidiarity is able to vary in different countries. Austria or Germany for example, could implement any policy without the EU legislation, even more usually, at least more legitimate democratic.

The subsidiarity principle should be materialized by the EU Treaty (primary legislation) and the constitutional review to the Constitutional Court are given.

Links: constitutional challenge Austria S 317-323)

Conclusion: The new subsidiarity control of the Lisbon Treaty can not compensate for the democratic deficit of the Union and is not a sufficient protection from an unpredictable and violent closely divided EU legislation. The appropriations from the EU are uncontrollable and not much more limited, as is stipulated by the Treaty (Article 5 TEU).



WE ALL HAVE BUT LARGELY UNDER EU LAW OF LIFE!