Subsidiarity and the European Court of Justice: Missing Pieces in the Subsidiarity Jigsaw?

摘要: This article reviews the evolution of subsidiarity as a constitutional principle within case law European Court Justice. It argues that, to date, discussion judicial remains narrowly focused on its impact restraint Union legislature. In an effort steer debate in another direction, this revisits and supports arguments favour applying brake Court's own interpretative functions. Thereafter, it isolates interpretation Treaty free movement provisions empirical example test underdeveloped dimension subsidiarity.