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	Subsidiarity - Wikipedia, the free encyclopedia
		Subsidiarity assumes that these human persons are by their nature social beings, and emphasizes the importance of small and intermediate-sized communities or institutions, like the family, the church, and voluntary associations, as mediating structures which empower individual action and link the individual to society as a whole.
		The principle of subsidiarity was developed in the encyclical Rerum Novarum of 1891 by Pope Leo XIII, as an attempt to articulate a middle course between the perceived excesses of laissez-faire capitalism on the one hand and the various forms of totalitarianism, which subordinate the individual to the state, on the other.
		Subsidiarity was established in EU law by the Treaty of Maastricht, signed on 7 February 1992 and entered into force on 1 November 1993.
	en.wikipedia.org /wiki/Subsidiarity (936 words)

	Subsidiarity and Democratic Deliberation
		This "Amsterdam Subsidiarity" regards Community action as appropriate if "the objectives of the proposed action cannot be sufficiently achieved by Member States' action in the framework of their national constitutional system and can therefore be better achieved by action on the part of the Community." (art.
		However, the principle of subsidiarity may also foster agreement by indicating the issues which must be resolved, including such topics as the aims of the union, the likely strategies and their expected effects.
		Considerations of subsidiarity might support local deliberation and action, either to foster the required shared sense of justice (Blichner and Sangolt 1994), or because Amsterdam Subsidiarity requires a comparison of the effects of member states acting on their own, with the effects of common action.
	www.arena.uio.no /publications/wp99_21.htm (11225 words)

	Subsidiarity as a Rule and a Principle
		The present article is mainly concerned with the influence the subsidiarity principle may have on the interpretation of primary Community law, and with the consequences of this influence on the solution of conflicts between Community and national laws.
		The subsidiarity principle principle not used in its technical sense variously has been called a constitutional principle [81], one of the general principles [82], and a structural principle of the European Union [83]; it has been said that it is at the centre of the definition of the new rôle of the Community itself [84].
		Subsidiarity, taken seriously, must be given an additional rôle as principle in its technical sense, with the aim, among other things, to defend the position of the subsidiarity rule [89].
	www.jeanmonnetprogram.org /papers/95/9510ind.html (16264 words)

	Zenit News Agency - The World Seen From Rome
		The strong version of subsidiarity, however, "deals with the situation in which a given local community would like to decide by itself what kind of theological principle should be accepted as a doctrinal basis for its pastoral practice," said Archbishop Zycinki.
		In relation to subsidiarity, he noted that on several occasions the bishops had asked for further study, as recommended by the Extraordinary Synod of 1985, on the level at which this principle could be applied to the Church.
		The reluctance of not a few participants in the synod to apply the principle of subsidiarity to Church government stems from the nature of the principle as a sociological concept intended to regulate authority in political and economic spheres.
	www.zenit.org /english/visualizza.phtml?sid=11481 (1030 words)

	President - Subsidiarity Principle (Site not responding. Last check: 2007-10-09)
		The purpose of this paper is to examine the principle of subsidiarity as it appears in The Treaty on European Union and The Treaty of Amsterdam.
		Of particular interest is the emergence of the principle of subsidiarity as a political means to curb the supranational trend of the European Community, while at the same time it serves the European Court of Justice as a justiciable principle of Community law.
		Subsidiarity marks the stage of development of the "constitution of Europe" where the political challenges of integration converge with the latent claims of Member State sovereignty.
	www.txwesleyan.edu /president/subsidiarity.htm (5002 words)

	[No title]
		Subsidiarity and the European Community Treaties Given subsidiarity's linkage to the positive values set out in the previous section, it is not surprising that the European Parliament was the first of the Community institutions to introduce the principle prominently into debates over European federalism.
		Subsidiarity in the Community Tradition Equally problematic, particularly from a confidence-building point of view, was the European Council's attempt to depict subsidiarity both as comfortably within the Community tradition and at the same time reflective of a new sensitivity to localism.
		Subsidiarity operates rather differently for what may be called "harmonization measures," by which I mean measures whose stated rationale is to reduce or eliminate non-tariff barriers to trade resulting from regulatory action that the Member States have otherwise properly taken on matters within their jurisdiction.
	www.unc.edu /depts/europe/conferences/mlg/papers/bermantxt1.doc (16565 words)

	FEDERALISM (Site not responding. Last check: 2007-10-09)
		Subsidiarity in a compound political system with several levels of decision making means policies should always be made at the lowest possible level, and that the higher level should only legislate when there is unanimous agreement that uniform regulation is necessary.
		Subsidiarity appears here as much as a constructive principle for the retention of particular autonomy as a commitment to common social and regional balance.
		If the principle of subsidiarity is to be employed as more than just a fig leaf shamefully hiding what have been nationalistic aspirations all along, it seems that it has to be made consistent with organised structures of solidarity.
	www.ecsanet.org /conferences/ecsaworld2/Hueglin.htm (4919 words)

	Subsidiarity (Site not responding. Last check: 2007-10-09)
		European Union rests on the principle of subsidiarity, as is made clear in Articles A and B of title I of the Treaty on European Union.
		The principle of subsidiarity cannot be regarded as having direct effect; however, interpretation of this principle, as well as review of compliance with it by the Community institutions are subject to control by the Court of Justice, as far as matters falling within the Treaty establishing the European Community are concerned.
		These obligations are not affected by Article 3b: in particular the principle of subsidiarity cannot reduce the need for Community measures to contain adequate provision for the Commission and the Member States to ensure that Community law is properly enforced and to fulfil their obligations to safeguard Community expenditures.
	www.physics.adelaide.edu.au /~jskuller/EU/subs_gen.html (2337 words)

	EUROPEAN PARLIAMENT FACT SHEETS - 1.2.2. Subsidiarity
		The general aim of the principle of subsidiarity is to guarantee a degree of independence for a lower authority in relation to a higher body or for a local authority in respect of a central authority.
		Particular emphasis is also placed on this connection between the principle of subsidiarity and closeness to the citizen in the preamble to the EU Treaty.
		The debate triggered by Parliament resulted (supported by the conclusions of the Edinburgh Council on subsidiarity, transparency and democracy and Parliament's resolution of 18 November 1992) on 25 October 1993 in the conclusion of an interinstitutional agreement between the Council, Parliament and the Commission.
	www.europarl.eu.int /factsheets/1_2_2_en.htm (1411 words)

	The Principle of Subsidiarity (Site not responding. Last check: 2007-10-09)
		The Pontiff wrote that the Welfare State was contradicting the principle of subsidiarity by intervening directly and depriving society of its responsibility.
		Higgins stated that the "principle of subsidiarity is concerned with the relationship of the state to other societies, not with the nature of the state itself." This view is wrongheaded.
		Any extended discussion of the principle of subsidiarity which neglects to consider the respective roles of the state and federal governments in the American system is radically flawed.
	www.acton.org /publicat/randl/article.php?id=200 (1389 words)

	Subsidiarity
		It is not right, as We have said, for either the citizen or the family to be absorbed by the State; it is proper that the individual and the family should be permitted to retain their freedom of action, so far as this is possible without jeopardizing the common good and without injuring anyone.
		A parallel to the Catholic formulation of the principle of subsidiarity is the principle of “sphere sovereignty” articulated by the Dutch Reformed theologian and statesman Abraham Kuyper (1837-1920).
		It is a weakness of the “libertarian” appropriation of the principle of subsidiarity that it tends to ignore the fact that the principle can be applied to all relations of associations, not just to cases where the state is one of the associations.
	www.nd.edu /~ndphilo/papers/Subsidiarity.html (9282 words)

	Book Reviews (Site not responding. Last check: 2007-10-09)
		Even though all six of the articles deal with different aspects of subsidiarity, there are various repetitions as to the general nature and roots of subsidiarity, and only one of the articles examines subsidiarity in a substantive context (social policy).
		Yet his treatment of subsidiarity as a European principle is undermined by some pseudo-scientific explanations of Community politics, such as his idea that some people have genetic predispositions that make them go into European politics in order to live their "obsession with power and regulating" (p.
		He rightly underscores that the practical impact of subsidiarity will heavily rely on how it is implemented and controlled, and for instance suggests that a procedure of ex-ante court review could be used to ensure that the ECJ will engage in substantive review of subsidiarity concerns.
	www.ejil.org /journal/Vol7/No4/br3.html (548 words)

	[No title]
		According to Toth, the principle of subsidiarity "is not only not part of pre-Maastricht Community law but [also] totally alien to and contradicts the logic, structure and wording of the founding Treaties and the jurisprudence of the European Court of Justice." Id. at 1079.
		Thus, subsidiarity "cannot be used as a pretext for challenging measures in areas such as the internal market where the Community has a clearly defined and undeniable obligation to act," and "debate should not be reopened.
		The notion that subsidiarity might be enforceable by the Court of Justice in direct actions challenging Community measures but not enforceable via direct effect in national courts is an awkward and unprecedented one.
	www.unc.edu /depts/europe/conferences/mlg/papers/bermanfn.doc (14993 words)

	Priorities & Frivolities: Primary Educators (Site not responding. Last check: 2007-10-09)
		This implies the legitimacy and indeed the need of giving assistance to the parents, but finds its intrinsic and absolute limit in their prevailing right and their actual capabilities.
		The principle of subsidiarity is thus at the service of parental love, meeting the good of the family unit.
		Subsidiarity thus complements paternal and maternal love and confirms its fundamental nature, inasmuch as all other participants in the process of education are only able to carry out their responsibilities in the name of the parents, with their consent and, to a certain degree, with their authorization.
	www.tagorda.com /archives/002006.php (374 words)

	Subsidiarity -- notable quotations from Catholic social teaching (Site not responding. Last check: 2007-10-09)
		For every social activity ought of its very nature to furnish help to the members of the body social, and never destroy and absorb them.
		The primary norm for determining the scope and limits of governmental intervention is the "principle of subsidiarity" cited above.
		Rather it defines good government intervention as that which truly "helps" other social groups contribute to the common good by directing, urging, restraining, and regulating economic activity as "the occasion requires and necessity demands".
	www.osjspm.org /cst/q_subsid.htm (160 words)

	Subsidiarity
		The recent claim by the Salvation Army of an agreement by President Bush to exempt religious groups from local and state civil rights laws affirming equal right for gay and lesbian people is just the most current example of how important this notion can be.
		This is the emphasis that John XXIII picked up in Mater et Magistra, and the Second Vatican Council in its decree on The Church in the Modern World, which speak of intervention by public authorities that "encourages, stimulates, regulates, supplements, and complements" private or more local activities.
		The principle of subsidiarity not only blocks interference but calls for intervention whenever local authorities are not doing their job adequately.
	www.witherspoonsociety.org /Global/subsidiarity.htm (1107 words)

	The Lambeth Commission on Communion - Section A
		This highlights a fourth key strand of our common life: subsidiarity, the principle that matters should be decided as close to the local level as possible.
		Subsidiarity and adiaphora belong together: the more something is regarded as 'indifferent', the more locally the decision can be made.
		It does not take an Ecumenical Council to decide what colour flowers might be displayed in church; nor does a local congregation presume to add or subtract clauses from the Nicene Creed.
	www.anglicancommunion.org /windsor2004/section_a/p9.cfm (176 words)

	Catholic Culture : Highlights & Commentary
		This is so true that America currently stands at a crossroads, wondering whether or not democratic republicanism has died and the rule of law has ceased, while agonizing over the possibility of a new revolution to free itself from judicial tyranny.
		This principle states simply that each task in any commonwealth should be handled at the lowest level possible and that, conversely, there must be a compelling reason to remove authority in any matter from a more local to a less local jurisdiction.
		The principle of subsidiarity is based on a strong awareness of the dignity of each human person, and the appropriateness of each person acting through his own natural communities to order the affairs common to the group.
	www.catholicculture.org /highlights/highlights.cfm?id=38 (1088 words)

	the evangelical outpost: Subsidizing Subsidiarity: How Conservatives Failed New Orleans (Site not responding. Last check: 2007-10-09)
		According to the principle of subsidiarity, governmental agencies and leaders at the city, parish, and state agencies hold primary responsibility for implementing the evacuation process.
		Subsidiarity does say that when the smaller organizational unit cannot handle a problem then the larger one must step in.
		What failed is that Subsidiarity assumes a competent foundation, that the duties vested in a body are possible for the body to perform.
	www.evangelicaloutpost.com /archives/001576.html (17896 words)

	The three pillars of the EU \| The EU in brief \| The European Union \| eu2001.se (Site not responding. Last check: 2007-10-09)
		The purpose of the principle of subsidiarity is to ensure that decisions are taken as close as possible to the level of the citizens by regularly checking whether action taken at Community level could equally well be taken at national, regional or local level.
		In practice the principle means that, except in areas for which it has exclusive competence, the EU shall only act when this is more effective than action at national level.
		The principle of subsidiarity is linked to the principles of proportionality and needs, which state that the EU should not take more action than is necessary to reach the goals of the treaty.
	www.eu2001.se /static/eng/eu_info/korthet_pelare.asp (566 words)

	SSRN-Property, Subsidiarity, and Unjust Enrichment by Lionel Smith
		Many civilian systems, but not the common law, recognize a principle of "subsidiarity" for unjust enrichment claims; the meaning of this principle, however, varies widely among systems.
		The author first unpacks the variety of ways in which unjust enrichment can be and is "subsidiary" to other claims in a number of legal systems (the common law, German law, and Quebec law).
		He then proposes a model of subsidiarity to answer the question why, and to what extent, unjust enrichment should be subsidiary.
	papers.ssrn.com /sol3/papers.cfm?abstract_id=338620 (248 words)

	Subsidiarity (Site not responding. Last check: 2007-10-09)
		The Birmingham European Council agreed that, to flesh out the subsidiarity principle, it would examine at Edinburgh the initial outcome of a Commission review of existing Community legislation, with examples.
		The subsidiarity principle has an impact on all the three Institutions involved in their respective ways in the decision-making and legislative process;
		The Commission's first priority was to review all proposals pending before the Council and Parliament in the light of the subsidiarity principle.
	www.physics.adelaide.edu.au /~jskuller/EU/subs_ex.html (973 words)

	EconPapers: Subsidiarity: Implications for New Zealand
		Abstract: Subsidiarity requires taking decisions at the level of government best placed to do so, but does not say what that level is. Rather, it gives a broad framework within which to have the debate.
		Implementing subsidiarity means (1) allocating roles appropriately between levels of government, (2) co-ordinating implementation of decisions, and (3) managing accountability and participation.
		Subsidiarity does not, however, tell us how to achieve these goals.
	econpapers.repec.org /paper/nztnztwps/02_2F03.htm (236 words)

	EconPapers: Subsidiarity and the European Union
		At issue will be each of the three decisions which define a federal constitution: the number of participating governments, the assignment of policy responsibilities to the new EMU, and the representation of local interests in, and the decision-making rules for, the Union.
		This essay reviews three alternative models of subsidiarity -- decentralized federalism, centralized federalism, and democratic federalism -- and argues the current European Economic Community has evolved from decentralized to centralized to a fully democratic federalist state.
		The structure of EMU governance is in place and it closely resembles that of the United States: an institutionally weak executive, a country-specific Council of Ministers and a locally representative Parliament.
	econpapers.repec.org /paper/nbrnberwo/6556.htm (324 words)

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