著者

八谷 まち子

出版者

九州大学法学部政治研究室

雑誌

政治研究 (ISSN:02898357)

巻号頁・発行日

no.43, pp.1-51, 1996-03

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The term principle of subsidiarity has been adopted as a basic principle underlying the European Union and is explicitly included in the Treaty on European Union (Preamble, Article B, Article G3b). Its central idea is expressed as "decisions are taken as closely as possible to the citizen" (Article A). In other words, "the Community shall take action only if the objectives be better achieved by the Community" (Art. G3b), the idea of which has always been present in the treaties preceding the one on European Union. Why, then, has the principle been explicitly taken up at this stage of the European integration ? Why is it referred to, particularly after the first Danish referendum in 1992, as if it were deus ex machina appeasing the critics of the actions of the European Community ? The answers may be found in the prevailing conditions of the European integration and the changes such integration brought to the conventional domains of competences of local, national and supranational administration. In an attempt to clarify the concept of subsidiarity, I first explore the usage of the term by the former President of the Commission, Mr. J. Delors, for he may be considered as an ardent advocate of the principle in the Community ; I then examine the two contrasting arguments about the future of the Union in the light of subsidiarity. Concrete examples e.g. the regional policy of the EU, etc., suggest that there is an increasing influence of the EU within both national and local governments. From these studies, I suggest that the Union's competence has expanded since the Single European Act (SEA) to the point where it causes conflicts with the conventional national competences. Furthermore, the EU has now become more visible to ordinary European citizens, who had rarely felt involved in the integration process before, and who have begun to question the relevance of this to their daily lives. It is in order to counter this prevailing attitude that the Commission has emphasized the principle of subsidiarity avoiding the integration by "benign despotism" and working towards "an ever closer union". The Commission has prepared documents discussing the application of the principle. However, the arguments, so far, tend to be defensive and technical. This is perhaps an inevitable consequence of the on-going process of integration with only rather indistinctly defined goals. Yet, despite the ambiguous character of subsidiarity, the principle can clearly be seen as having great potential for developing a new form of democracy. In order to follow and practice the central idea of subsidiarity, the opinions of various groups of citizens must be channeled into the decision making process. Only in this way can the needs of such groups be adequately met and the appropriate level for decision-making be identified that is "as close as possible to the citizen". This may lead to reorganization on a large-scale and greater political empowerment of the citizens of Europe, who would then have greater transnational ties and common interests. Such a structure may gradually evolve into a democracy no longer constrained within a nation state.