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Dáil Éireann debate -
Thursday, 7 Nov 1991

Vol. 412 No. 3

Written Answers. - EC Treaty Proposals.

Michael Joe Cosgrave

Question:

47 Mr. Cosgrave asked the Minister for Foreign Affairs if he will outline his views on the proposal in Article 3G of the Luxembourg Draft Treaty revision which defines the principle of subsidiarity in EC law.

John Connor

Question:

56 Mr. Connor asked the Minister for Foreign Affairs if he will outline his views on the proposal in Article 3G of the Luxembourg Draft Treaty revision which defines the principle of subsidiarity in EC Law.

William Cotter

Question:

80 Mr. Cotter asked the Minister for Foreign Affairs if he will outline his views on the proposal in Article 3 G of the Luxembourg Draft EC Treaty revision which defines the principle of subsidiarity in EC law.

I propose to take Questions Nos. 47, 56 and 80 together, as they have all been put down in identical terms.

The question refers to Article 3g of the Luxembourg Draft Treaty: as it is in fact article 3b of Treaty which deals with subsidiarity, it is to this section that I address my reply.

The draft Article 3b of the Luxembourg Treaty states that the Community shall act within the limits of the powers conferred upon it by the Treaty and of the objectives assigned to it therein. In the areas which do not fall within the exclusive competence of the Community, the Community shall take action, in accordance with the principle of subsidiarity, only if, and in so far as, these objectives can be better achieved by the Community than by the member states acting separately, by reason of the scale of effect of the proposed action.

The principle underlying the Luxembourg draft article is that action should be taken by the Community only where it can be more effective than action taken at the level of the member state. We welcome this principle which is in line with the original mandate given to the Intergovernmental Conference by the European Council to examine measures of improving the efficiency and effectiveness of the Community, and we could go along with the approach proposed.

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