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The Principle of Subsidiarity in European Union Law: Some Comparisons with Catholic Social Teaching

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Authors
Evans, Michelle
Date
2013
Type
Journal Article

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Evans, Michelle. 2013. The Principle of Subsidiarity in European Union Law: Some Comparisons with Catholic Social Teaching. Solidarity: The Journal of Catholic Social Thought and Secular Ethics. 3 (1): pp. 59-77.
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Solidarity: The Journal of Catholic Social Thought andSecular Ethics
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This article is published under the Open Access publishing model and distributed under the terms of the Creative Commons Attribution License http://creativecommons.org/licenses/by-nc-sa/3.0/au/ Please refer to the licence to obtain terms for any further reuse or distribution of this work.

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Abstract

This paper is the second of two papers which examine the versatility of the principle of subsidiarity. The first paper explored the nature of the principle in Catholic social teaching as a moral and social principle and its potential application in the political sphere. This paper further explores the political application of the principle of subsidiarity through a discussion of its operation in the European Union, where it is embodied in article 5(3) of the Treaty on European Union. This paper discusses subsidiarity’s interpretation by the European Court of Justice as a political value judgement, rather than a legal principle. In its discussion of subsidiarity in the European Union, this paper draws some comparisons with the principle’s enunciation in Catholic social teaching. Together, these papers are intended to highlight the many facets of the principle of subsidiarity in order to promote its continued relevance and to promote further scholarship on subsidiarity.