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kleine Subsidiarität

English translation: specific subsidiarity

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:kleine Subsidiarität
English translation:specific subsidiarity
Entered by: Alison Schwitzgebel
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07:59 May 9, 2002
German to English translations [PRO]
Law/Patents / European Community Law
German term or phrase: kleine Subsidiarität
"50. Es empfiehlt sich, getrennt zu prüfen, ob die Gemeinschaft ihre Zuständigkeit in Bezug auf die Gesamtmaterie, den Zugang zu Hafendiensten, ausüben darf („große Subsidiarität“) und, wenn ja, ob sie dieses Recht auch in Bezug auf alle Teilmaterien hat, die nach dem Vorschlag geregelt werden sollen („kleine Subsidiarität“)."

From a legal opinion on a proposed EU directive
Alison Schwitzgebel
France
Local time: 00:04
specific subsidiarity
Explanation:
I'm offering this with decreasing confidence ... (no relevant hits).

Eh - no reason to worship, I'm not sure what the author is actually trying to express.

Let me just "think aloud" to get my head around this:
The principle of subsidiarity basically means that the smaller unit prevails over the larger, if and when the smaller unit is able to regulate a specific matter more effectively. That does not seem to be the case in the area of access to harbour services - presumably the EU legislator as the larger unit is empowered to take the relevant legislative steps. But are they authorised to exercise this power with regard to specific (individual) "sub-areas" within the area of access to harbour services?

Well, looking at it from this angle, I guess that "specific subsidiarity" makes sense and stand by my suggestion -enjoy ... ;-)

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Note added at 2002-05-09 08:55:53 (GMT)
--------------------------------------------------

I\'ve given this a bit more thought:
Große Subsidiarität seems to imply that the higher level is responsible as of right (because the EU is able to regulate a given matter more effectively). In contrast, kleine Subsidiarität seems to imply that the higher level (although properly authorised to act), waives its right to legislate and assigns this right to the lower (regional) level - conferred subsidiarity, if you will, as opposed to subsidiarity as of right. I\'m basing this on your \"more context note\", but frankly, these are assumptions and I would stick with the terms \"comprehensive\" and \"specific\" as they are sufficiently vague.
Btw: I don\'t think that \"full\" and \"partial\" do the job - couldn\'t get any relevant hits either.
Selected response from:

Beate Lutzebaeck
New Zealand
Local time: 10:04
Grading comment
Thanks Darien! Specific subsidiarity makes a lot of sense here
3 KudoZ points were awarded for this answer

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Summary of answers provided
3 +1specific subsidiarityBeate Lutzebaeck
4partial or full subsidiarity
Maya Jurt


Discussion entries: 4





  

Answers


32 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
partial or full subsidiarity


Explanation:
See the EU translation below.

* E — Protocols annexed to the Treaty establishing the European Community

 Protocol on the application of the principles of subsidiarity and proportionality

* E — Protokolle zum Vertrag zur Gründung der Europäischen Gemeinschaft
* Protokoll über die Anwendung der Grundsätze der Subsidiarität und der Verhältnismäßigkeit


Maya Jurt
Switzerland
Local time: 00:04
Native speaker of: Native in GermanGerman, Native in FrenchFrench
PRO pts in pair: 545
Login to enter a peer comment (or grade)

33 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
specific subsidiarity


Explanation:
I'm offering this with decreasing confidence ... (no relevant hits).

Eh - no reason to worship, I'm not sure what the author is actually trying to express.

Let me just "think aloud" to get my head around this:
The principle of subsidiarity basically means that the smaller unit prevails over the larger, if and when the smaller unit is able to regulate a specific matter more effectively. That does not seem to be the case in the area of access to harbour services - presumably the EU legislator as the larger unit is empowered to take the relevant legislative steps. But are they authorised to exercise this power with regard to specific (individual) "sub-areas" within the area of access to harbour services?

Well, looking at it from this angle, I guess that "specific subsidiarity" makes sense and stand by my suggestion -enjoy ... ;-)

--------------------------------------------------
Note added at 2002-05-09 08:55:53 (GMT)
--------------------------------------------------

I\'ve given this a bit more thought:
Große Subsidiarität seems to imply that the higher level is responsible as of right (because the EU is able to regulate a given matter more effectively). In contrast, kleine Subsidiarität seems to imply that the higher level (although properly authorised to act), waives its right to legislate and assigns this right to the lower (regional) level - conferred subsidiarity, if you will, as opposed to subsidiarity as of right. I\'m basing this on your \"more context note\", but frankly, these are assumptions and I would stick with the terms \"comprehensive\" and \"specific\" as they are sufficiently vague.
Btw: I don\'t think that \"full\" and \"partial\" do the job - couldn\'t get any relevant hits either.


Beate Lutzebaeck
New Zealand
Local time: 10:04
Native speaker of: Native in GermanGerman, Native in EnglishEnglish
PRO pts in pair: 2079
Grading comment
Thanks Darien! Specific subsidiarity makes a lot of sense here

Peer comments on this answer (and responses from the answerer)
agree  Сергей Лузан
3 days22 hrs
Login to enter a peer comment (or grade)




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