The principle of subsidiarity is enshrined in Article five of the Treaty of the European Union, requiring action from the European Community institutions only if national action is insufficient in accomplishing the objectives of the proposed action. Often required to determine the limitations of actions of a national or Community actor within the Treaty, the European Court of Justice has begun developing an inferred definition of the principle of subsidiarity through its rulings and reasonings. Subsidiarity is inherent in the reasoning of the case of Omega Spielhallen-und Automatenaufstellungs-GmbH v Oberbürgermeisterin der Bundesstadt Bonn; however, the principle is undermined in the Court’s final ruling in order to sustain the legitimate hierarchical authority of the ECJ in all matters relating to the internal market. This brief essay explore the legal significance of the tension between the two principles of proportionality and subsidiarity.
Available at: http://works.bepress.com/linda_broughton/1/