Protocol on the application of the principles of subsidiarity and proportionality

E459639

The Protocol on the application of the principles of subsidiarity and proportionality is an EU legal instrument that clarifies how and when the Union should act instead of Member States, ensuring that EU measures do not exceed what is necessary to achieve their objectives.

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Statements (45)

Predicate Object
instanceOf EU legal instrument
European Union protocol
aimsTo define conditions under which the Union may exercise its competences
ensure respect for the competences of Member States
improve the monitoring of subsidiarity and proportionality
appliesIn areas of shared competence between the EU and Member States
areas where the Treaties do not confer exclusive competence on the Union
appliesTo principle of proportionality
principle of subsidiarity
associatedWith Treaty on European Union NERFINISHED
Treaty on the Functioning of the European Union NERFINISHED
bindingOn European Union institutions NERFINISHED
Member States of the European Union NERFINISHED
category EU constitutional document
clarifies procedural requirements for assessing proportionality
procedural requirements for assessing subsidiarity
concerns exercise of non-exclusive competences of the European Union
legislative proposals of the European Commission
definesRoleOf national parliaments in monitoring subsidiarity
ensures that EU action is justified in terms of scale and effects
that EU institutions consider alternative means of achieving objectives at national or regional level
implements principle that the Union shall act only if and in so far as the objectives cannot be sufficiently achieved by Member States
principle that the content and form of Union action shall not exceed what is necessary
influences drafting and justification of EU legislative acts
language multilingual EU official languages
legalNature binding protocol annexed to the EU Treaties
legalSystem European Union law NERFINISHED
linkedTo principle of conferral in EU law
monitoredBy Court of Justice of the European Union NERFINISHED
national parliaments of EU Member States
objective to ensure decisions are taken as closely as possible to the citizen
to limit EU action to what is necessary to achieve Treaty objectives
obliges European Commission to provide detailed statements on subsidiarity and proportionality in proposals
partOf primary law of the European Union
purpose to clarify how and when the European Union should act instead of Member States
to ensure that EU measures do not exceed what is necessary to achieve their objectives
regulates application of proportionality in EU legislative process
application of subsidiarity in EU legislative process
requires EU institutions to justify compliance with proportionality
EU institutions to justify compliance with subsidiarity
qualitative and, where possible, quantitative indicators to justify EU action
scope all draft legislative acts of the European Union
strengthens control of subsidiarity by national parliaments
supports better law-making in the European Union
respect for national identities and constitutional structures of Member States

Referenced by (1)

Full triples — surface form annotated when it differs from this entity's canonical label.

Treaty of Amsterdam containsProtocol Protocol on the application of the principles of subsidiarity and proportionality