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Max Planck Encyclopedia of International Procedural Law [MPEiPro]

Subsidiary Jurisdiction

Catherine Maia, Emmanuel Gardounis

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 02 December 2022

Subject(s):
Margin of appreciation — Exhaustion of local remedies — Complementarity — Jurisdiction — Subsidiarity

Published under the direction of Hélène Ruiz Fabri, with the support of the Department of International Law and Dispute Resolution, under the auspices of the Max Planck Institute Luxembourg for Procedural Law.

1 When we refer to the notion of subsidiary jurisdiction, we spontaneously assimilate this notion with that of subsidiarity, which is a principle according to which responsibility for public action, where necessary, lies with the competent body closest to those directly affected by that action. The application of subsidiarity is justified in terms of both democratic and efficiency considerations. 2 On the one hand, subsidiarity responds to democratic considerations, as the principle intends neither a reduction in the level of power closest to citizens, nor from...
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