Social Legislation in the European Community and in the Member States-A Case of Subsidiarity?

Authors

• Reinhard Rack, University of Graz, Austria

Abstract

The article examines the principle of subsidiarity within the European Community (EC), highlighting its role in balancing power between the EC and its Member States. While subsidiarity, formalized in the Maastricht Treaty, aims to ensure decision-making occurs at the most effective level, its application often serves political rather than legal purposes, particularly in social legislation. The article critiques the ambiguity of subsidiarity, questioning whether it effectively limits EC power or remains a political tool influenced by public opinion and referendums. It also explores the integration of non-Member States, such as EFTA countries, into the EC framework, emphasizing the challenges of legal adaptation and the complexity of multi-level governance.

Disciplines

Comparative and Foreign Law | International Law | Law | Legislation | Social Welfare Law

Recommended Citation

Reinhard Rack, Social Legislation in the European Community and in the Member States-A Case of Subsidiarity?, 3 Cardozo J. Int'l & Comp. L. 47 (1995).
Available at: https://larc.cardozo.yu.edu/cjicl/vol3/iss1/5