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.
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
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