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The EU Principle of Subsidiarity and its Critique Antonio Estella (Professor University of Carlos III of Madrid, Professor University of Carlos III of Madrid)

The EU Principle of Subsidiarity and its Critique By Antonio Estella (Professor University of Carlos III of Madrid, Professor University of Carlos III of Madrid)

Summary

The European Union principle of subsidiarity was intended as a last-resort protection mechanism for member states in a minority on a particular issue in the Council of Ministers. This book analyzes these reforms and the reluctance to implement them, and argues that the principle will not be able to perform this protective role effectively.

The EU Principle of Subsidiarity and its Critique Summary

The EU Principle of Subsidiarity and its Critique by Antonio Estella (Professor University of Carlos III of Madrid, Professor University of Carlos III of Madrid)

The aim of this work is two-fold. First it attempts to construct a more solid critique of the European Union principle of subsidiarity. Second it tries to explain why the European Court of Justice is not fully implementing subsidiarity. Introduced in the EU legal order as a last resort protection mechanism for member states in a minoroty position in the Council of Ministers regarding a particular issue , the principle of subsidiarity is not only misplaced to fulfill that goal, but also its underlying logic has potential side-effects for European integration. Furthermore it is argued that, the 'legislation' of the principle in the Maastricht Treaty, and its reinforcement through the Amsterdam Protocol on subsidiarity cannot overcome the legitimacy dilemmas that the European Court of Justice would have to confront if it opted for the implementation of the principle. This book gives an in-depth analysis of both issues, in the context of a wider analysis that concerns the legitimacy of the political and legal structures of the European Union.

The EU Principle of Subsidiarity and its Critique Reviews

The work will interest lawyers and political scientists and all those engaged in the fields of EU powers and competencies. * KnowEurope *

About Antonio Estella (Professor University of Carlos III of Madrid, Professor University of Carlos III of Madrid)

Antonio Estella is Assistant Professor of Administrative and European Union Law at the University of Carlos III of Madrid. Previously he was Assistant Professor of European Law, and Co-ordinator of the European Union Law Department at the University of Antonio of Nebrija

Table of Contents

GROWTH ; LEGITIMACY ; SUBSIDIARITY IN MAASTRICHT ; SUBSIDIARITY IN AMSTERDAM ; SUBSIDIARITY BEFORE THE COURT

Additional information

GOR013759495
9780199242429
0199242429
The EU Principle of Subsidiarity and its Critique by Antonio Estella (Professor University of Carlos III of Madrid, Professor University of Carlos III of Madrid)
Used - Like New
Hardback
Oxford University Press
2002-11-07
232
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
The book has been read, but looks new. The book cover has no visible wear, and the dust jacket is included if applicable. No missing or damaged pages, no tears, possible very minimal creasing, no underlining or highlighting of text, and no writing in the margins

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