Bulletin n. 1/2012
June 2012
CONTENTS
  • Section A) The theory and practise of the federal states and multi-level systems of government
  • Section B) Global governance and international organizations
  • Section C) Regional integration processes
  • Section D) Federalism as a political idea
    • Thomas Horsley
    Subsidiarity and the European Court of Justice: Missing Pieces in the Subsidiarity Jigsaw?
    in Journal of Common Market Studies , Volume 50, Issue 2, March 2012 ,  2012 ,  267-282
    This article reviews the evolution of subsidiarity as a constitutional principle within the case law of the European Court of Justice. It argues that, to date, discussion of subsidiarity as a judicial principle remains narrowly focused on its impact as a restraint on the Union legislature. In an effort to steer debate in another direction, this article revisits and supports arguments in favour of applying subsidiarity as a brake on the Court's own interpretative functions. Thereafter, it isolates the Court's interpretation of the Treaty free movement provisions as an empirical example to test this underdeveloped dimension of subsidiarity.
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