G. Deburca, THE PRINCIPLE OF SUBSIDIARITY AND THE COURT OF JUSTICE AS AN INSTITUTIONAL ACTOR, Journal of Common Market studies, 36(2), 1998, pp. 217-235
This article considers the impact of subsidiarity on the role of the C
ourt of Justice as a policy actor. It considers briefly the meaning of
the subsidiarity principle in the EC Treaty, and examines how the Cou
rt has engaged with this principle. Both the Court's use of subsidiari
ty as a means of reviewing the other institutions, and its sensitivity
to the principle in relation to its own interpretative role are analy
sed. The problematic tension between the institutional constraints of
the Court's role and methodology, and the requirements of the expandin
g culture of subsidiarity are explored.