1998 Fiscal Year Final Research Report Summary
The Principle of Subsidiarity in Germany and the European Community
| Project/Area Number |
08620023
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Public law
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| Research Institution | The University of East Asia |
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Principal Investigator |
TAKAHASHI Masao The University of East Asia, Faculty of Law, Lecturer, 法学部, 講師 (60226884)
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| Project Period (FY) |
1996 – 1998
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| Keywords | Principle of Subsidiarity / European Community / European Union / Local Autonomy / Decentralization |
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| Research Abstract |
In Germany the principle of subsidiarity works between federation and Land, and between municipalies. Constitutional Law provides the principle in the Articles 72 and 74. The main area the principle works is where the federation doesn't have the exclusive comptences.
In the European Community the principle of subsidiarity has been introduced by the Maastricht Treaty. The principle in the EC also works where neither the community nor the member states has exclusive comptences.
In Japan which has not federal system, the competences have been excercised fuctionally. So the princinpie of subsidiarity seems to work well in Japan.
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