01 Jul Subsidiarity in EU Environmental Law: An Empty concept?

Caoimhe MacCarthy

LL.B. (Pol Sci), Trinity College Dublin, 2025

E-mail: camaccar@tcd.ie

Abstract

This essay explores the concept of subsidiarity in European Union (EU) environmental law. Subsidiarity, enshrined in Article 5 TEU, delineates the boundaries of the EU’s competencies. The essay argues that subsidiarity is applied as a political tool than a rigorous legal doctrine, particularly in the context of environmental law, where Member States have leveraged the principle to undermine EU environmental measures. Through comparison with Australia’s cooperative federalism, this essay seeks to demonstrate the advantage of a formalised subsidiarity mechanism. It is suggested that the current weak implementation and engagement with the subsidiarity principle undermines the legitimacy and effectiveness of the Community‘s directives and regulations, particularly in an area as contested as the

environment. Ultimately, the essay concludes that a more robust application of the subsidiarity principle in EU Environmental law could enhance the legitimacy of the EU’s environmental policies. This essay makes the policy suggestion of increased engagement with subsidiarity principle at both the ex-post and ex-ante stage of review.

READ THE FULL ARTICLE HERE (Page 9-10)

Keywords: Subsidiarity, EU Environmental Law, Australian Federalism