The EU Principle of Subsidiarity and Its Critique

The aim of this work is two-fold. First it attempts to construct a more solid critique of the European Union principle of subsidiarity. Second it tries to explain why the European Court of Justice is not fully implementing subsidiarity. Introduced in the EU legal order as a last resort protection mechanism for member states in a minoroty position in the Council of Ministers regarding a particular issue , the principle of subsidiarity is not only misplaced to fulfill that goal, but also its un…