Shared Regulatory Regimes through the Lens of Subsidiarity: Towards a Substantive Approach

Abstract

This contribution explores the division of regulatory and enforcement competences between the EU and the Member States on a general level. It provides some substantive criteria that can facilitate the judicial review of compliance with the principle of subsidiarity. Alternatively, these criteria can be used to provide a more convincing argumentation for the exercise of shared competences at the EU level. In addition, it addresses developments that have led to the Europeanisation of almost all policy fields and that will likely lead to further Europeanisation even when the principle of subsidiarity is conscientiously adhered to.