The Omega Case Summary and The Principles of Subsidiarity and Proportionality in EU Law (original) (raw)

The Principle of Subsidiarity in the European Convention and the nature of the European Court of Human Rights

This paper discusses the principle of subsidiarity as interpreted by the European Court of Human Rights (henceforth ECrtHR) under the European Convention (henceforth ECHR or Convention). The paper commences by briefly discussing the nature of the ECrtHR which is closely linked to the principle of subsidiarity. It then moves on to discuss the definition of subsidiarity under the Convention. The principle of subsidiarity is one of the main principles which underlies the authority by which the ECrtHR applies the margin of appreciation doctrine. This in turn has a negative effect on the application of proportionality analysis because the ECrtHR does not delve deep into the case when a margin of appreciation is allowed to the respondent State. The paper then discusses the different aspects of the principle of subsidiarity concluding that the Convention is as strong as the contracting states are willing to make it.

A CRITICAL LOOK OVER THE USE OF THE PRINCIPLE OF SUBSIDIARITY IN EU

2023

The principle of subsidiarity in the European Union (EU) is a fundamental aspect of its governance structure, aimed at ensuring decisions are taken as closely as possible to the citizens they affect. However, its application has been subject to criticism and debate over the years. The article discusses the positive aspects of the use of this principle and the possible human rights violations that may be encountered if this use is not appropriate.

Rule of Law in the EU: Justice and Criminal Law Dimensions

Zbornik Znanstvenih Razprav, 2019

The article examines the existing rule of law efforts and rule of law challenges in the EU, specifically those linked to the functioning of justice systems and EU criminal law. First, the legal framework of the principle of the rule of law is presented, then the measures for its realisation in practice, and finally the different understanding of the role of the principle in the context of criminal law. The principle is pursued in a dialogue between the Commission and the Member States and at the same time at the EU level. The Treaty on the Functioning of the European Union explicitly defined competences in the field of criminal law. Therefore, the principle of the rule of law can be regarded at the EU level also as a tool for limiting the criminal-law lawmaking activity of the EU bodies. The article analyses the fundamental judgments of the EU Court that demonstrate the scope of the restrictive role of the principle of the rule of law. EU criminal law can function as a means of stre...

Limits of the Discretionary Power Established Through Enforcing the European Principle of Proportionality

Perspectives of Law and Public Administration, 2018

In the contemporary society, the constitutional and/or legal enshrinement of the discretionary power of the public authorities, including those from the public administration, is understandable, it is a true "given" that must have a legal recognition for them. This margin of appreciation, which gives these authorities the possibility to carry out, generically speaking, their activity in order to satisfy the public interest, must have some barriers imposed to limit their action solely to the boundaries imposed by the legislator. Always, as a true axiom, governors holding power will, at least, want to keep it within the limits held, if not even beyond the required legal "boundaries" imposed, in order to assign more prerogatives for themselves. However, in order to overcome this trend, it is also necessary to build a legal system of control, including judiciary, following which the actions of the authorities mentioned should be reframed into the legality matrix impo...