Subsidiarity for a Changing Union
Research Handbook on the Economics of European Union Law
In this paper, we develop an economic model of subsidiarity and discuss the ways in which this instrument should best be applied in the context of a changing European Union. The results suggest that the application of the subsidiarity test in the context of a union with growing membership requires both a prospective and retrospective analysis of the reallocation of competences between states and Union. Absent such a dynamic application, the instrument of subsidiarity could become an instrument of entrenched centralization, contrary to its historical origins and functional purpose.
Emanuela Carbonara, Barbara Luppi & Francesco Parisi, Subsidiarity for a Changing Union, in Research Handbook on the Economics of European Union Law 95-110 (Thomas Eger & Hans-Bernd Schafer, eds., Edward Elgar, 2012)