Abstract:

The sharing of powers in the European Union (EU), an international organization that has both international and transnational characteristics together in the framework of the founding treaties, has been a matter that has changed and has been discussed throughout its historical evolution. This study aims to contribute to current discussions by providing a process-oriented and comprehensive assessment of the place and application of subsidiarity in EU law as a principle that defines the limits of the Union’s exercise of authority in the fields of shared/combined powers between the Union and the Member States. In the study, the implementation of this principle, which the Member States add to the founding treaties to protect their jurisdiction, in the Union savings, examined from the point of view of legislation and justice and identified the problems arising from the point of view of legal control. When the procedural rules and the formed Court of Justice were evaluated together, it was revealed that the principle of subsidiarity was mainly considered a pre-audit function in the Union legislative activities.

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