|
Publishers Abstract:
Subsidiarity requires that the Community refrain from action where the goals of that action could be better achieved by the Member States. The Community should act only where the objectives of the proposed action cannot be achieved sufficiently by the Member States and by reason of the scale or effects of the proposed action the Community could achieve these better. Subsidiarity may protect the right of Member States to be co-opted by the Community to do its work, but it does not protect their right to do their own work. It would be a good thing to move away from this fanciful notion, and accept that the Community purposes are no more sacred than national ones, neither will ever be complete, and they had better devise legal mechanisms for creating a balance. Proportionality can do that, but the role of national interests needs to be made explicit.
|
