Subsidiarity in the European Community's legal order

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Focusing on the subsidiarity principle within the European Community's legal framework, this essay explores how EC laws interact with national laws, emphasizing their supremacy while allowing national legislation where the EC lacks authority. It draws parallels to the German federal system and examines the balance of power through legal mechanisms such as limited empowerment and competence distinctions. The essay illustrates these concepts with case studies on tobacco advertisement bans and related German legal challenges, highlighting both theoretical and practical aspects of the EC's legislative system.