Aplicarea principiului subsidiarității în jurisprudența CEDO

Abstract

Subsidiarity emerged in Europe in the practice of self-governing local communities. The subsidiarity principle is one of the most solid pillars of the societies’ organization. According to the dictionary of the Spanish Real Academy (Academia Real Española), subsidiarity is “a favorable trend in complementary participation (subsidiary) of the State in private or community support activities”. In recent studies on this principle it was concluded that subsidiarity is a polyhedral concept, taking into account its theological, philosophical, political, and not least, juridicial origins. Subsidiarity is a general principle applicable only to situations when it is recognized a shared competence between the Community and the Member States. Exclusive Community competence established by the Treaty is not recognized as being subject to subsidiarity. Subsidiarity is the level by which the society is released from the state’s tutelage, is the way in which citizens agree to articulate and monitor state power so that it will not be in a position to nurture itself and ambition to produce and control the citizens