The principle of subsidiarity
and its application to the area of consumer protection
– the role of NGOs
GRAŻYNA ROKICKA
KEY EXPERT ON CONSUMER PROTECTION
1
SUBSIDIARITY IN THE EUROPEAN UNION
Fundamental principle of the EU
The Lisbon Treaty, art. 5.3 of TEU:
- distribution of legislative powers among different
players of public sphere at the lowest possible and
efficient level.
- applies to all EU institutions (in particular Council,
Parliament and Commission).
VERTICAL SUBSIDIARITY
2
SUBSIDIARITY IN THE EUROPEAN UNION
EU is a complex, multi-level and ‘multi-actors’ system,
which cannot be reduced to a simple relationship
between EU and states.
EU’s policy making process already involves public and
private actors.
‘Horizontal’ dimension of the principle of subsidiarity
idea of participation and citizenship
public and private actors
3
SUBSIDIARITY IN THE EUROPEAN UNION
‘Horizontal’ subsidiarity entails that the EU:
- delegates some aspects of public policy making to
non-state actors such as business, NGOs, foundations
and other interested participants of civil society;
- restrains itself from directly legislating on a specific
issue, leaving room to agreements between interested
parties;
- recognizes the public role of the social actors and
grants them regulatory powers.
4
ORDERING SOCIETY
ACCORDING TO THE SUBSIDIARITY PRINCIPLE
International
institutions
State
(government)
Intermediate
organizations
The individual
& family
Only when needed should a
higher level be appealed to –
respect to freedom and initiative
at lower levels.
Intermediate organizations
(NGO’s, Political Parties,
Churches, Labor Unions, Cultural
Societies) have a legitimate and
necessary role to play in a society
Family is the basic unit of society
Published by Sr. Katherine Feely, SND on: www.educationforjustice.org
5
“HORIZONTAL” SUBSIDIARITY
Sharing of competences and initiatives between public
and private actors.
All proposals start bottom-up rather than top-down.
Each higher level must bring help to the lowers:
- family helps the person,
- civic organizations help the family,
- state helps society.
6
‘HORIZONTAL’ SUBSIDIARITY AND THE STATE
The state exists to assist the persons / families/
intermediates present within the society to achieve
their own goals.
The sphere of the state is active but limited mainly to
safeguarding the common good/public interest and
maintaining public order.
Two aspects of horizontal subsidiarity:
- the state should not intervene unless it is necessary,
but
- it should intervene when it is necessary.
7
SHARING OF COMPETENCES AND INITIATIVES
BETWEEN PUBLIC AND PRIVATE ACTORS
Subsidiarity is a way:
- to supply the means for consumer protection;
- to move resources to support and help consumer
organizations without making them passive;
- to accomplish COs’ tasks, namely to do what they
should do, what is up to them and not to others.
Public institutions should not undertake tasks which can
be (better) conducted by consumer organizations but
should support them in accomplishing their tasks.
8
SHARING OF COMPETENCES AND INITIATIVES
BETWEEN PUBLIC AND PRIVATE ACTORS
Best recognized tasks of consumer organizations (to
be supported by the state):
• advice and legal support to consumers;
• information and communication;
• representation and direct advocacy actions;
• educational activities;
• research, studies and comparative tests of products;
• direct intervention in policies.
9
PARTICIPATION OF COS IN PUBLIC POLICY
Consumer organizations should be involved:
- in the field of consumer policy making with the aim to
protect consumer rights and care for common goods /
general interest (setting-up agenda, planning,
decision, implementation, evaluation of ways to
manage public problems);
- in the management of consumer issues /
implementation of the policy in order to increase the
resources and enhance the legitimacy of public
intervention.
10
BOTTOM-UP DIRECTION
ACCORDING TO THE SUBSIDIARITY PRINCIPLE
Consumers have to be not only consulted and/or involved
by state institutions in the policy making process, but
that they are entitled to take autonomous initiatives,
without necessarily waiting for the institutions to take
the first step.
Example: proposals of activities to be funded by the state
in order to protect consumers’ interest coming from
COs
11
Thank you for your attention!
HVALA NA PAŽNJI!
g.rokicka@zapotrosace.rs
12