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Subsidiarity is an organizing principle that matters ought to be handled by the smallest, lowest or least centralized
competent authority. The Oxford English Dictionary defines subsidiarity as 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.
The concept is applicable in the fields of government, political science, cybernetics and management. Subsidiarity is, ideally
or in principle, one of the features of federalism.
The word subsidiarity is derived from the Latin word subsidiarius and has its origins in Catholic social teaching. The concept
or principle is found in several constitutions around the world (see for example the Tenth Amendment to the United States
Constitution).
It is presently best known as a fundamental principle of European Union law. According to this principle, the EU may only
act (i.e. make laws) where member states agree that action of individual countries is insufficient. The principle was
established in the 1992 Treaty of Maastricht, and is contained within the proposed new Treaty establishing a constitution for
Europe. However, at the local level it was already a key element of the European Charter of Local Self-Government, an
instrument of the Council of Europe promulgated in 1985 (see Article 4, Paragraph 3 of the Charter)
A more descriptive analysis of the principle can be found in Protocol 30 to the EC Treaty.
Formally, the principle of subsidiarity applies to those areas where the Community does not have exclusive competence, the
principle delineating those areas where the Community should and should not act. In practice, the concept is frequently
used in a more informal manner in discussions as to which competences should be given to the Community, and which
retained for the Member States alone.
The concept of subsidiarity therefore has both a legal and a political dimension. Consequently, there are varying views as to
its legal and political consequences, and various criteria are put forward explaining the content of the principle. For example:
• The action must be necessary because actions of individuals or member-state governments alone will not
achieve the objectives of the action (the sufficiency criterion)
• The action must bring added value over and above what could be achieved by individual or member-state
government action alone (the benefit criterion)
• Decisions should be taken as closely as possible to the citizen (the close to the citizen criterion)
• The action should secure greater freedoms for the individual (the autonomy criterion).
The European Union, however, has as part of its phraseology a call for "an ever-closer union." What restraints upon the
progress of centralised decision making would be brought about by strict reference to the principle of subsidiarity have yet to
be proven by major constitutional clashes.