歐盟法的輔助性原則及其兩面性

The EU Principle of Subsidiarity and Its Dual Character

在歐盟發展過程中，協調各成員國與歐盟之間的權能配置一直是必須面對但又困難重重的任務。輔助性原則是歐盟法中與權能劃分問題聯繫最緊密的憲法性基本原則。從歐盟的角度看輔助性原則，可以將其兩面性的作用分為消極性和積極性兩種。歐盟的目標在於不斷推進一體化的深入和發展，因此，凡是有礙於此目標的作用力都可視為是消極的而有益於此的作用力都被認為是積極的。本文主要探討了歐盟法中的輔助性原則及其兩面性，具體分析了輔助性原則在語意表達上的模糊、理論上的分歧以及實踐中歐盟各種制度安排的折衝，展現了其在歐盟發展過程中所表現出的重要作用、主要特徵及其對歐盟未來可能的影響。

In the whole process of EU development, division and coordination of power distribution between member states and EU have always been the assignment that must be confronted, and have always been accompanied by many difficulties in the meantime. The principle of subsidiarity is the constitutional principle which is most closely relavent to the issue of power division in the EU law. If the principle of subsidiarity is viewed from the perspective of the EU, then the effects of its dual character can be divided into negativity and positivity. The EU’s objective is to continuously promote the deepening and broadening of its integration, therefore, those which hinder this objective can be seen as negative forces, while beneficial to this is considered to be positive. This article mainly discussed the principle of subsidiarity ant its dual character in the EU law, and specifically analyzed its ambiguity of semantic representations, theoretical divergence and conciliation of EU’s various institutional arrangements in practice. It demonstrated its important roles, main features during the process of EU development and its possible impact on the future of the EU.