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Article by BALAN Oleg, DORUL Olga

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Moldavian Journal of International Law and International Relations

THE LEGAL NATURE OF THE PRINCIPLE OF SUBSIDIARITY IN EUROPEAN UNION LAW

Author: BALAN Oleg, DORUL Olga

JEL Classification: K 1; K 33

Universal Decimal Classification: 349.3(4/ 341.29.009(100

DOI: https://doi.org/10.61753/1857-1999/2345-1963/2025.20-2.02

BALAN Oleg - Doctor of Juridical Sciences, Professor, The Institute of Public Administration of the State University of Moldova (Chisinau, The Republic of Moldova).

https://orcid.org/0000-0001-5150-3570

Email: balanoleg9@gmail.com

DORUL Olga - Ph.D in Law, Associate Professor, The Moldova State University (Chisinau, The Republic of Moldova); ”Dunărea de Jos” University of Galati (Romania).

https://orcid.org/0000-0001-8613-4066

Email: dorulolga@yahoo.com

Keywords: competence, EU law, principle of subsidiarity, European Union.

Abstract

The article provides an evolutionary overview of the codifications of the subsidiarity principle ado pted under the aegis of the European Community and the European Union. The analysis of these provisions reveals that, particularly after 1997, the subsidiar ity principle is enshrined in the founding texts of the European Union, in the part referring to the democratic principles governing the activities and organization of this sui generis entity. Knowledge of the content and scope of the subsidiarity princip le allows for a better understanding of the nature of the legal order of the European Union. The dra fting and application of the European Union’s secondary legislation today require rigorous control, including in light of the demands imposed by the subsidi arity principle. Ultimately, ensuring compliance with the subsidiarity principle by the subjects of EU law is carried out by the Court of Justice of the European Union.