إرشادات مقترحات البحث معلومات خط الزمن الفهارس الخرائط الصور الوثائق الأقسام

مقاتل من الصحراء

         



106

Protocols

 

 

out in the Treaty.It allows Community action within the limits of its powers to be expanded where circumstances so require, and conversely, to be restricted or discontinued where it is no longer justified.

(4)

For any proposed Community legislation, the reasons on which it is based shall be stated with a view to justifying its compliance with the principles of subsidiarity and proportionality; the reasons for concluding that a Community objective can be better achieved by the Community must be substantiated by qualitative or, wherever possible, quantitative indicators.

(5)

For Community action to be justified, both aspects of the subsidiarity principle shall be met: the objectives of the proposed action cannot be sufficiently achieved by Member States' action in the framework of their national constitutional system and can therefore be better achieved by action on the part of the Community.

 

The following guidelines should be used in examining whether the abovementioned condition is fulfilled:

-

the issue under consideration has transnational aspects which cannot be satisfactorily regulated by action by Member States;

-

actions by Member States alone or lack of Community action would conflict with the requirements of the Treaty (such as the need to correct distortion of competition or avoid disguised restrictions on trade or strengthen economic and social cohesion) or would otherwise significantly damage Member States' interests;

-

action at Community level would produce clear benefits by reason of its scale or effects compared with action at the level of the Member States.

(6)

The form of Community action shall be as simple as possible, consistent with satisfactory achievement of the objective of the measure and the need for effective enforcement.The Community shall legislate only to the extent necessary.Other things being equal, directives should be preferred to regulations and framework directives to detailed measures.Directives as provided for in Article 189 of the Treaty, while binding upon each Member State to which they are addressed as to the result to be achieved, shall leave to the national authorities the choice of form and methods.

(7)

Regarding the nature and the extent of Community action, Community measures should leave as much scope for national decision as possible, consistent with securing the aim of the measure and observing the requirements of the Treaty.While respecting Community law, care should be taken to respect well established national arrangements and the organisation and working of Member States' legal systems.Where appropriate and subject to the need for proper enforcement, Community measures should provide Member States with alternative ways to achieve the objectives of the measures.


1/1/1900