Subsidiarity and proportionality and the Committee of the Regions
Subsidiarity and Proportionality
The subsidiarity principle, alongside the principle of proportionality, guides EU action through the
following questions (see Art. 5 of the Treaty on European Union, TEU):
Should the EU act?
In policy areas which are not exclusively within the EU's competence, the subsidiarity principle (Art 5
(3) TEU) ensures that decisions are taken as closely as possible to the citizen and by the most
appropriate level of authority. The EU should act only where it can achieve a particular objective
better than a central, regional or local entity.
How should the EU act?
The principle of proportionality (Art. 5 (2) TEU) requires that any action by the Union should not go
beyond what is necessary to achieve the intended objectives. Proportionality is thus a guiding
principle for defining how the Union should exercise its competence.
CoR and subsidiarity monitoring
As the voice of local and regional authorities within the EU institutional setup, the CoR is naturally
vested with a high level of responsibility for subsidiarity. The Lisbon Treaty has acknowledged this
role by granting the CoR the right to initiate proceedings before the EU Court of Justice for annulment
of a legislative act on subsidiarity grounds.
To take up the challenge, the CoR has developed special tools such as the Subsidiarity Monitoring
Network (SMN) and REGPEX.
Subsidiarity Monitoring Network
The Subsidiarity Monitoring Network (SMN) was launched in April 2007. Its members include
Parliaments and Governments of regions with legislative powers, local and regional authorities
without legislative powers and local government associations in the European Union. It is also open to
CoR national delegations and chambers of national parliaments.
The Network was set up to facilitate the exchange of information between local and regional
authorities in the European Union and the Union level regarding various documents and legislative
and political proposals from the European Commission which, once adopted, will have a direct impact
on these authorities and the policies for which they are responsible.
It aims at:
 Enabling local and regional authorities to be active in monitoring the implementation of the
subsidiarity and proportionality principles;
 Raising awareness as regards the practical implementation of the subsidiarity and
proportionality principles;
 Keeping CoR rapporteurs and members informed about contributions regarding subsidiarity
and proportionality from a representative network of local and regional stakeholders;
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Identifying measures for better law-making, cutting red tape and increasing the acceptance of
EU policies by EU citizens;
Acting as a laboratory for the identification and exchange of best practices and experience
between local and regional authorities on the application of the subsidiarity principle and the
decentralised implementation of EU policies at the local level.
The network is thus intended to act as an access point enabling all of its partners not only to obtain
information but also to express their views, within the EU legislative process but also ahead of this
process.
The Subsidiarity Steering Group (SSG) is the competent body to ensure proper coordination and
political follow-up of subsidiarity monitoring activities. It includes CoR members from each of the
political groups. The SSG Group is responsible for making proposals and presenting texts to be
adopted by the CoR Bureau regarding subsidiarity. It monitors the implementation of the CoR's
Subsidiarity Annual Work Programme, as well as the overall political role of the CoR in applying the
subsidiarity principle in the EU decision-making process. Having an overview role, it also endorses
the Subsidiarity Annual Report and presents it to the CoR Bureau.
The Subsidiarity Expert Group (SEG) is a group of local and regional experts, which supports the
activities of the SSG. The SEG gives input to the Subsidiarity Work Programme and is also at the
disposal of rapporteurs and CoR commissions when needed.
The Subsidiarity Work Programme (SWP) is adopted each year by the SSG. It lists priority initiatives
featuring in the Commission's Annual Work Programme, which the CoR will closely monitor in order
to assess compliance with the principle of subsidiarity. The 2015 SWP identified five core priority
initiatives:
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Strategic Framework for the Energy Union
Labour Mobility Package
European Agenda on Migration
Review of the decision-making process on genetically modified organisms (GMO)
Waste Package
Moreover, the proposal for an Interinstitutional Agreement on Better Regulation was identified as an
initiative worth following from an institutional point of view.
In 2015 so far, the SEG was consulted on the GMO proposal and held a discussion assessing its
subsidiarity compliance in June. It concluded that there were no subsidiarity or proportionality issues.
However, the subsequent opinion adopted by the CoR plenary in October concluded that the proposal
raised subsidiarity concerns and was in breach with the principle of proportionality. The SEG also
examined the Better Regulation package, including the Interinstitutional Agreement. The reflections
of the SEG were incorporated into the policy analysis for the rapporteur. The opinion adopted by the
plenary in October welcomed the Commission's reaffirmed commitment to assessing compliance with
the principles of subsidiarity and proportionality in the package.
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REGPEX
The Regional Parliamentary Exchange was launched in February 2012 on the SMN website. It
supports regions with legislative powers which may be consulted by their national parliament in the
context of the Early Warning System (see Art. 6 of Protocol No 2 on the Application of the Principles
of Subsidiarity and Proportionality). Furthermore, it is meant as a source of information and exchange
between regional parliaments and governments in the preparation of their subsidiarity analyses.
Subsidiarity/proportionality in CoR opinions
Pursuant to Rule 55.2 of the Rules of Procedure of the CoR:
"Committee opinions on proposals for legislative acts in areas not falling within the Union’s exclusive
field of competence shall express a view on the proposal’s compliance with the principles of
subsidiarity and proportionality. Other Committee opinions may refer, if necessary, to the application
of the subsidiarity and proportionality principles whenever appropriate"
In order to substantiate these assessments, information on/analysis of contributions of the SEG and
SMN on files of the Subsidiarity Work Programme are sent to rapporteurs.
Subsidiarity Annual Report
Since 2010, the CoR has published a Subsidiarity Annual Report, summarising its main subsidiarity
related activities and highlighting relevant opinions in this context within a given year.
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