The DOI matches its Crossref record.
The Principle of Subsidiarity and the Court of Justice as an Institutional Actor
Abstract
This article considers the impact of subsidiarity on the role of the Court of Justice as a policy actor. It considers briefly the meaning of the subsidiarity principle in the EC Treaty, and examines how the Court has engaged with this principle. Both the Court’s use of subsidiarity as a means of reviewing the other institutions, and its sensitivity to the principle in relation to its own interpretative role are analysed. The problematic tension between the institutional constraints of the Court’s role and methodology, and the requirements of the expanding culture of subsidiarity are explored.
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Citations
Cited by
Subsidiarity as a Structural Principle of International Human Rights Law
Carozza, P. G. (2003) · American Journal of International Law · doi:10.2307/3087103 · Cited by 450
Norm Subsidiarity and Regional Orders: Sovereignty, Regionalism, and Rule-Making in the Third World1
Acharya, A. (2011) · International Studies Quarterly · doi:10.1111/j.1468-2478.2010.00637.x · Cited by 422
Metadata
- Authors
- De Búrca, G.
- Venue
- JCMS: Journal of Common Market Studies
- Publisher
- Wiley
- Published
- 1998-06
- Volume
- 36
- Issue
- 2
- Pages
- 217-235
- ISSN
- 0021-9886 (ISSN-L)
- 1468-5965
- OpenAlex
- W2164009780
- Cited by
- 166
- References
- 0
- FWCI
- 4.41
- Type
- journal article
- Language
- en
- Open access
- closed
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- De Búrca, G. (1998). The Principle of Subsidiarity and the Court of Justice as an Institutional Actor. JCMS: Journal of Common Market Studies. https://doi.org/10.1111/1468-5965.00107
Data sources
Bibliographic data: Semantic Scholar, OpenAlex, Crossref.
Contains information from the Semantic Scholar Academic Graph Datasets, made available under the ODC Attribution License (ODC-BY 1.0).
Semantic Scholar’s data is described in: Kinney, R., et al. (2023). The Semantic Scholar Open Data Platform. arXiv:2301.10140.
