This paper first suggests a methodology to help redefining the distribution of powers within a federation. It uses a test based on the subsidiarity principle and initially proposed by Pelkmans (2008) to discuss the distribution of powers between the Member States of the European Union and this latter. Then an application has been carried out for three competences – direct taxation, higher education and scientific research, and wage setting. It has been suggested that individual taxation should become the primary source of revenue for regions, while corporate income tax should be maintained as a federal competence. Concerning higher education and scientific research, on basis of the Swiss experience it has been concluded that higher education should be a regional competence while advanced education should be within the federal competences when it uses expensive equipment and it is more prone to economies of scale. As regard wage formation, it has been argued in favour of the centralisation of rules so as to avoid harmful competition among regional regulations. Finally, critical considerations about the method introduced and applied have been developed for three issues: the optimal dimension of infrastructures and public services, the asymmetries existing between a « bottom up » and a « top down » process, and the efficiency gains capacity to be a basis for a federation.
This paper first suggests a methodology to help redefining the distribution of powers within a federation. It uses a test based on the subsidiarity principle and initially proposed by Pelkmans (2008) to discuss the distribution of powers between the Member States of the European Union and this latter. Then an application has been carried out for three competences – direct taxation, higher education and scientific research, and wage setting. It has been suggested that individual taxation should become the primary source of revenue for regions, while corporate income tax should be maintained as a federal competence. Concerning higher education and scientific research, on basis of the Swiss experience it has been concluded that higher education should be a regional competence while advanced education should be within the federal competences when it uses expensive equipment and it is more prone to economies of scale. As regard wage formation, it has been argued in favour of the centralisation of rules so as to avoid harmful competition among regional regulations. Finally, critical considerations about the method introduced and applied have been developed for three issues: the optimal dimension of infrastructures and public services, the asymmetries existing between a « bottom up » and a « top down » process, and the efficiency gains capacity to be a basis for a federation.
This article aims to show us the relation between the multilevel governance and the subsidiarity principle. The new provisions of the Lisbon Treaty will strengthen the democratic accountability of the EU and its institutions by creating new tools of communication and political dialogue. The early warning mechanism can also be used as a tool for a better consultation in order to identify specific concerns and expectations of the citizens or local and regional authorities.
The research highlights the peculiarities of the decentralization of power in Ukraine in the political and legal implementation aspect of the principle of subsidiarity. The objective of the study was to determine compliance with the political and legal aspects of the decentralization process in Ukraine based on global standards of the use of the principle of subsidiarity, during the implementation of decentralization reform. The research methodology is because the principle of subsidiarity is the main feature of the interaction of all levels of power. This premise is recognized in the European Charter of Local Self-Government and therefore means an urgent task in modern Ukraine. Financial decentralization, district consolidation, the creation of different but united territorial communities, changes in the administrative-territorial structure, ensuring the capacities of communities, the provision of public services in accordance with national standards must be based on the principle of subsidiarity. The information gathered makes it possible to conclude that the principle of subsidiarity is a barrier to the overly profound centralization of the state body and the separation of power.
In the article an attempt was made to present the assumptions of Polish legislative solutions concerning e-health in the context of one of the basic principles of European philosophical and legal thought – the principle of subsidiarity. The principle of subsidiarity, the essence of which is to leave it to the political communities to carry out tasks for which they can take responsibility, has been incorporated into the legislation of nation states and the European Union, determiningthe identity of European civilisation. Article 5 of the Treaty on European Union and the Treaty on the Functioning of the European Union and the preamble to the Constitution of the Republic of Poland are an example of the translation of the subsidiarity principle into legal norms. Attention has been paid to the possibility of decentralising and delegating competences to lower levels of public authority in the field of health, using or amending the e-health legislation accordingly. Appropriate division of tasks and competences in the area of health care, taking into account the subsidiarity principle, can be observed at both national and EU level. European Union law recognises the autonomy of the Member States to define national health regulations. On the basis of selected national and EU regulations, a definition of e-health has been proposed, understood as a set of provisions within the health care system regulating the collection, processing of data and provision of health care services in order to identify and optimise the satisfaction of individual and collective health needs as well as to pursue an effective health policy by public authorities. The basic assumptions of key national and EU legal acts are also indicated. On the basis of the solutions adopted in the Act on Health Care Services Financed from Public Funds, the formal possibility of delegating and effective performance of tasks has been demonstrated in the field of health protection by local government units. New information and communication technologies provide the basis for a more complete implementation of the subsidiarity principle in health protection, as they enable the necessary knowledge on the collective and individual health needs at European, national and any other expected level – regional, population, age to be gathered and transferred. They are a tool, previously unavailable, for the precise identification of the needs of separated communities. On the other hand, new technologies can be a tool for communities to meet these needs to the extent that they are able to provide organisational and financial security. The combination of new information and communication technologies with the application of a systematic concept of tasks implementation based on the principle of subsidiarity will allow for a change in the model of health care in Poland. ; In the article an attempt was made to present the assumptions of Polish legislative solutions concerning e-health in the context of one of the basic principles of European philosophical and legal thought – the principle of subsidiarity. The principle of subsidiarity, the essence of which is to leave it to the political communities to carry out tasks for which they can take responsibility, has been incorporated into the legislation of nation states and the European Union, determiningthe identity of European civilisation. Article 5 of the Treaty on European Union and the Treaty on the Functioning of the European Union and the preamble to the Constitution of the Republic of Poland are an example of the translation of the subsidiarity principle into legal norms. Attention has been paid to the possibility of decentralising and delegating competences to lower levels of public authority in the field of health, using or amending the e-health legislation accordingly. Appropriate division of tasks and competences in the area of health care, taking into account the subsidiarity principle, can be observed at both national and EU level. European Union law recognises the autonomy of the Member States to define national health regulations. On the basis of selected national and EU regulations, a definition of e-health has been proposed, understood as a set of provisions within the health care system regulating the collection, processing of data and provision of health care services in order to identify and optimise the satisfaction of individual and collective health needs as well as to pursue an effective health policy by public authorities. The basic assumptions of key national and EU legal acts are also indicated. On the basis of the solutions adopted in the Act on Health Care Services Financed from Public Funds, the formal possibility of delegating and effective performance of tasks has been demonstrated in the field of health protection by local government units. New information and communication technologies provide the basis for a more complete implementation of the subsidiarity principle in health protection, as they enable the necessary knowledge on the collective and individual health needs at European, national and any other expected level – regional, population, age to be gathered and transferred. They are a tool, previously unavailable, for the precise identification of the needs of separated communities. On the other hand, new technologies can be a tool for communities to meet these needs to the extent that they are able to provide organisational and financial security. The combination of new information and communication technologies with the application of a systematic concept of tasks implementation based on the principle of subsidiarity will allow for a change in the model of health care in Poland.
