According to article 5 (3) TEU situations where EU has no competence to take steps and decisions, principle of subsidiarity authorize EU 1 when: 1) the certain areas does not fall into EU’s exclusive competence (thus, non-exclusive competence) so, EU can act in domain of shared competence unless this ”presumption is rebutted by passing the double test” 2) MS are not eligible to sufficiently achieve the objects of the action thus, EU can deal with proposed action better (Necessity) so sufficiency test is present2 3) The Proposed action by the their scale and effect are believed to be implemented by Union more successfully.(added value). 3 So as the principle of subsidiarity seeks to protect parties falling under – national or EU legal systems through the view that proposed action will be taken in conformity with ”the scale or effects” of the action upon the applicable/proper parties.
4 It was argued that the added value test is equivalent of the sufficiency test as EU intervenes only if the action can be resulted in greater benefit and generally, the proposed action can be addressed more sufficiently than it could be done on MS level.5 Some has argued that the sufficiency and added value test are cumulative, and a former test is an essential condition for the latest.6 As we see, the goal of the principle of subsidiarity is to seek and ensure that lower authority enjoys a degree of independence from higher authority. Thus, it includes sharing of powers among different levels of authorities.
It was accepted that this principle creates an institutional ground for federal states.7 1 Article 52 A. Portuese, ”the Principle of Subsidiarity as a Principle of Economic Efficiency, Columbia Journal of European Law, Vol. 17, 2011, pg.
2443Fact Sheet on European Union, ”The Principle of Subsidiarity”, European Parliament, see: http://www.europarl.europa.eu/atyourservice/en/displayFtu.html?ftuId=FTU_1.
2.2.html 4 L. M. Broughton, ”Subsidiarity and Proportionality in European Law”, Bepress, 2007, pg.19 5 K. Mathis, ”Law and Economics in Europe: Foundations and Applications”, Springer Science & Business Media, 11 Nov 2013, pg.
2896 A. Portuese, ‘the Principle of Subsidiarity as a Principle of Economic Efficiency”, pg.2447 The principle of Subsidiarity, see: http://www.europarl.europa.eu/atyourservice/en/displayFtu.html?ftuId=FTU_1.2.2.html