Subsidiarity and Proportionality

Subsidiarity is the idea that a central authority should have a subsidiary function, performing only those tasks which cannot be performed effectively at a more immediate or local level.

Subsidiarity is a fundamental principle of European Union law.  According to this principle, the EU may only act and make laws where member states agree that the action of individual countries is insufficient. The principle was established in the 1992 Treaty of Maastricht and is contained within the proposed new Lisbon Treaty.

Proportionality is a fundamental principle of European law which states that the EU may only act to the extent that is needed to achieve its objectives, and not further.  The principle has underpinned the European Communities since their inception in 1957.  It is clearly stated in the third paragraph of Article 5 of the Treaty establishing the European Community as follows:

‘Any action by the Community shall not go beyond what is necessary to achieve the objectives of this Treaty.’