Estonia v. EP and Council (CJEU) C-508/13

Updated: Jan 8

(2015)

SUBSIDIARITY AND PROPORTIONALITY


LEGAL ANALYSIS

Estonia challenged an accounting Directive arguing that it did not respect the principle of subsidiarity. It claimed this because it had already the same kind of regulation that offered even more protection.



CJEU:

The simple fact that a single Member State is already up-to-speed with the Union's new legislation does not necessarily imply a breach of the principle of subsidiarity.


“The subsidiarity principle” is not intended to limit the EU’s competence on the basis of the individual situation of any particular Member State (§53,54)

→ In EU law making, Institutions are bound to consider “detailed evidence” in reaching a conclusion on subsidiarity, and must not fall into an error of assessment (§54)

→ There is no duty to list the reasons behind every provision as a State shall also know the fundamental reasons of act from its participation in the Council (§51,62).


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