Subsidiarity and proportionality: review of the balance of competences
This call for evidence on the EU principles of Subsidiarity and Proportionality and use of Article 352 of the Treaty on the Functioning of the European Union (TFEU) (the so-called flexibility clause), is part of the UK government’s review of the balance of competences between the UK and the European Union.
The UK government is carrying out a review of the EU’s competences. The review will provide an informed and objective analysis of what EU membership means for the UK and our national interest. Full details of the review programme can be found in the Balance of Competencies Review detailed guide.
The Foreign and Commonwealth Office is leading on the report on Subsidiarity and Proportionality and Article 352 TFEU in the fourth semester of the review.
Unlike other Balance of Competences reports, this report will not cover a distinct area of competence. Subsidiarity and proportionality are fundamental principles which should be applied across EU activity, to ensure the EU acts only when necessary, that action takes place at the lowest level possible, and that the means are proportionate to the end. Article 352 provides the EU with the power to act to achieve any of the objectives laid down in the EU Treaties where no other treaty article so provides, subject to a number of procedural safeguards at both EU and national level.
We would like to hear views on how the principles are used and applied in practice, what changes could be considered and what the future challenges are. The report will be based on evidence submitted during the call for evidence period from 27 March to week commencing 30 June 2014.
How to respondWe welcome evidence from anyone, particularly those with relevant knowledge, expertise or experience. We are seeking contributions from academics, lawyers, companies, civil society, non-governmental organisations and the public.
The evidence should be objective, factual information about the impact or effect of the principles of subsidiarity and proportionality and/or Article 352 TFEU in your area of expertise. We will be also be hosting a series of events to proactively seek evidence and to give further information on the Review in London, Brussels and Bath between April and June. To register your interest in these events or if you have any other questions relating to the review please contact BalanceofCompetencesSubsidiarity@fco.gov.uk
For more information, please download our call for evidence documents:
Wherever possible please send your response via email. The closing date for the submission of responses is the week commencing 30 June 2014. Responses can also be sent by post to:
BoC Subsidiarity and Proportionality Team
Projects Task Force, K131
Foreign and Commonwealth Office
King Charles Street
London
SW1A 2AH
We look forward to hearing from you.