Subsidiarity

Definition

Subsidiarity is a principle in social organization that holds that matters ought to be handled by the smallest, lowest, or least centralized authority possible. It emphasizes that higher levels of authority should only intervene when lower levels are unable to perform their tasks effectively. This principle is important in the context of human rights, as it promotes local governance and encourages the empowerment of individuals and communities.

5 Must Know Facts For Your Next Test

1. The principle of subsidiarity is fundamental in the European Union's governance structure, ensuring that decisions are made as closely as possible to citizens.
2. In the context of the European Court of Human Rights, subsidiarity underlines the importance of member states in protecting human rights before the Court intervenes.
3. The application of subsidiarity can lead to more effective and responsive governance as it encourages local involvement in decision-making processes.
4. Subsidiarity helps in safeguarding individual rights by promoting community-level solutions rather than top-down imposition by higher authorities.
5. This principle is key in balancing power dynamics between local authorities and higher governmental structures, fostering a more equitable distribution of responsibilities.

Review Questions

• How does the principle of subsidiarity support local governance within the European Human Rights framework?
  • The principle of subsidiarity supports local governance by asserting that decisions should be made at the lowest possible level of authority. In the European Human Rights framework, this means that member states are primarily responsible for protecting human rights within their jurisdictions. The European Court of Human Rights acts only when national authorities fail to uphold these rights effectively, reinforcing the importance of local governance and accountability.
• Discuss the implications of subsidiarity for the relationship between individual rights and state responsibilities in Europe.
  • Subsidiarity has significant implications for the relationship between individual rights and state responsibilities in Europe. By emphasizing local authority and community involvement, it ensures that individuals have a voice in governance and access to their rights at a closer level. This principle compels states to prioritize human rights protection at the local level while also holding them accountable for their obligations. Consequently, it fosters a collaborative environment where individual rights can be realized more effectively through localized action.
• Evaluate how subsidiarity influences judicial review by the European Court of Human Rights regarding member state actions.
  • Subsidiarity influences judicial review by the European Court of Human Rights by establishing a framework where courts defer to member states' decisions unless there is clear evidence of failure to protect rights. This approach encourages states to take proactive measures in safeguarding human rights while allowing for judicial oversight when necessary. The balance created by subsidiarity ensures that the Court respects national sovereignty while simultaneously providing a mechanism for accountability, ultimately promoting a stronger commitment to human rights across Europe.

Related terms

Decentralization: The process of distributing or dispersing functions, powers, people, or decision-making away from a central authority to local branches or organizations.

Autonomy: The right or condition of self-government, often in relation to a specific area or community that has the power to govern itself.

Local Governance: The management and administration of a specific locality or community, focusing on local issues and needs, often empowered through decentralized authority.