Review Bodies Dealing with Asylum on 28 November 2001, Summary of Discussions, Doc 5585/02 CIREA 7, Brussels, 22.03.2002, nr 4. Vt. Explanatory Memorandum to the Proposal for Council Directive of the EC Commission, COM 2001 510 final, 12.09.2001 J. McAdam, "The European Union Qualification Directive: The Creation of a Subsidiary Protection Regime", International Journal of Refugee Law, Vol. 17, No 3, 2005, p 465. T. Spijkerboer, "Subsidiarity in Asylum Law: The Personal Scope of International Protection", in Bouteillet- Paquet "Subsidiary Protection of Refugees in the European Union: Complementing the Geneva Convention?", Brussels 2002.
competent to be decided by the courts of the Member States, and the EU Court exercises a supervisory function, guided by considerations of political expediency. So in the decision of the Court of Justice in the case of Cassis de Dijon, there is a clear tendency not to narrow the limits of national regulation indefinitely, but to meet Member State’s needs. In the system of the EU the principle of proportionality is, so as it should be, a logical continuation of the principle of subsidiarity. Basically, logic which is shown in this particular principle stands for universal re-solving issues and problems of the Union – may I say “locally”. Union should not interrupt or being “too much involved” in public life of the Member States by wasting existing resources on problems that might and should be solved “locally” (without EU’s agencies and commissions) (Article 276 TFEU). 2. How company can claim/invoke EU law
Conferral. This principle holds that the EU can act only where it has been given authority by the member states to achieve objectives set out in tile treaties, and that any areas of competence not specifically listed in the treaties default to the member states. (It mirrors the 10th amendment to the US constitution, which declares that powers not delegated to the federal government by the constitution, nor prohibited by it to the states, are reserved to the stutes or to the people,) .. Subsidiarity. By this principle, the EU can only act in areas that do not fall under its exclusive competence if the action needed cannot be better taken by the member states. In other words, the EU should only do what it does best, ProportlonalIty. This principle establishes that the EU should not go beyond taking the action needed to achieve the objectives of the treaties. But just where that line is drawn, of course, is a matter for debate.
change this? In a world of e-governance, isn't Weberianism, new or old, hopelessly obsolete? As all research on the subject matter has shown although this is perhaps the most fashionable field of research, and thus the one with the worst overall results , it is not. The written form does not become less real if it takes the form of an e-mail or a website rather than of a letter or physical ledger; in a way, perhaps more so, because it is more accessible. Hierarchy and subsidiarity, control and information flow, but also standardization and the division of labor were never as easy as with ICT. The hierarchy issue is the one that may be debated, but it, too, has several sides, including that it may be communication and not layers that truly matters in a network society, and that the principle of subsidiarity actually requires a hierarchical organizational set-up. (See Drechsler 2005b) The Neo-Weberian State
Article 5 of the Treaty on EU. The definition of EU competences greatly facilitates the proper application of these principles: the principle of conferral: the Union has only the competences conferred upon it by the Treaties; the principle of proportionality: the exercise of EU competences may not exceed what is necessary to achieve the objectives of the Treaties; the principle of subsidiarity: for shared competences, the EU may intervene only if it is capable of acting more effectively than the Member States; TRANSFER OF COMPETENCES The current division of competences between the EU and Member States is not set in stone. However, the reduction or extension of EU competences is a delicate matter which requires the consent of all Member States and necessitates a revision of the Treaties.
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