Conceptul modern al principiului subsidiarităţii in dreptul internaţional public

Abstract

Actually, principle of subsidiarity has certain reflection in the European Union law and international law of human rights, manly law of the European Convention on Human Rights. With regard to the European Union, principle of subsidiarity acts as a criterion that regulates the execution of shared competences between the EU and member-states. On the one hand, it excludes the EU intervention when an issue could be regulated more efficiently by member-states at central, regional or local level. On the other hand, the European Union exercises its powers when member-states are not capable to fulfill adequately goals of the Treaties. With regard to the ECHR law, subsidiarity principle implies the obligation of the victims of the ECHR violation to appeal firstly to relevant domestic remedies, to allow the national judge of a higher court to rectify the errors committed by lower courts, so as domestic legal system could itself rectify violations of human rights and fundamental freedoms. In the present scientific paper, the author tried to prove modern implications of the principle of subsidiarity in international public law, and also to elucidate its essence and inherent characters.

Keywords

• principiul subsidiarităţii
• Uniunea Europeană
• competenţe partajate
• Tratatul de la Lisabona