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Princip subsidiarity EU: vývoj a dopady
Tejkal, Tomáš
The bachelor's thesis focuses on important aspects related to the observance of the subsidiarity principle to determine whether the principle is adequately respected in the Union structures. According to the principle, exercising powers between the Union and the member states should be regulated effectively. However, the principle also contains other elements that contribute to its ambiguous interpretation. The study emphasizes the interpretation of the principle itself but also examines the role of national parliaments that can participate in the subsidiarity control mechanism. Different perceptions of the principle prevail both among the EU institutions and national parliaments. An important player is primarily the European Commission, which looks at the principle of subsidiarity in its narrower form, despite the lack of clearly defined criteria. This is also reflected in the function of the Subsidiarity control mechanism, which in its current form has a rather marginal influence on the legislative creation. In addition, its use has been decreasing for a long time and no significant reforms are taking place. Even the legal anchoring of the principles coexists with the political framework, which further deepens the problematic nature of the principle. This may be why the European Court of Justice is reluctant to challenge the Union's legislators. Moreover, compliance with the principle of subsidiarity does not seem to be the main subject of the Commission's regulatory instruments, which in this regard are rather applied towards better political decision-making. The reasons probably lie in the still vaguely established procedures relating to the operation of the principle of subsidiarity since the adoption of the Treaty of Lisbon. The above arguments thus indicate that the principle of subsidiarity in the Union is being violated. It does not seem that there is a more effective distribution of powers, which also requires the proper legitimacy of lower units.
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