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Alla ricerca della sussidiarietà orizzontale in Europa
Sussidiarietà e concorrenza. Una nuova prospettiva per la gestione dei beni comuni (2010)
  • Fabio Giglioni

Even if the principle of subsidiarity in EU legal system is not inflected in 'horizontal' sense, the author tries to verify if it is implicitly supported by EU law. The first part is devoted to investigate institutional aspects, given that the EU legal system relies on a consensual method of rule. Although this approach could have come close to relationships of horizontal subsidiarity, the author rules out that link. Viceversa, in a social and economic perspective it is possible to find this link with the State aids ban. State aids, as the relationships coming from horizontal subsidiarity, outline a system of cooperation between public authorities and private undertakers in order to pursue general interests (environment, legality, employment and so on); in those cases where the EU authorizes State aids we can find features closer to relationships of horizontal principle. The author also shows how competition affects this system of cooperation. The essay ends trying to prove this system of cooperation establishes a new method of rule in EU scope based on the competitive differentiation of member States or of regions inasmuch as they are able to get higher standards of general interests supported by EU.

Publication Date
July 30, 2010
D. Donati, A. Paci
il Mulino
Citation Information
Fabio Giglioni. "Alla ricerca della sussidiarietà orizzontale in Europa" 2010BolognaSussidiarietà e concorrenza. Una nuova prospettiva per la gestione dei beni comuni (2010)
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