Subsidiarity and EU Law

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Article 1-11(1) of the UK Constitution establishes the principles of subsidiarity or the principle that the EU will interfere on the failure of a Member State to achieve the intended objective and the principle of proportionality of the principle that limits the content and form of the EU's action to what is essential to achieve the Commission's objectives.


The role of the judiciary and the future of the ECJ were not given prominence in the workings of the European Convention. This is further borne out by the fact that in outlining the responses of the Constitutional Convention to the Laeken declaration, the preface to Parts I and II of the draft Constitution states that the Constitution "establishes the necessary measures to improve the structure and enhance the role of each of the Union's three institutions, taking account, in particular, of the consequences of enlargement". The reason for this omission of any reference to the ECJ is that the Laeken declaration identified themes and challenges which were mainly political in nature and, consequently the focus was on the political institutions of the EU. In addition, the workings of the ECJ and the future of its judicial architecture had been extensively considered in the Treaty of Nice. Hence, it was thought to be unnecessary to consider these issues once again.
Jurisdictionally, the ECJ's role is limited to providing clarification to EU Law, referred to it by the National Courts. ...
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