Subsidiariteettiperiaate taustansa valossa - voisiko se vihdoin olla hyödyllinen myös Suomen oikeudessa?

Abstract

After healthcare, social welfare, and rescue services were reformed in Finland in 2023, the country has a tripartite mode of government that combines the central government with (wellbeing) counties and municipalities in a single political system, dividing the functions between the three. The Constitution, however, does not define the precise relationship between the three. In this article, we discuss subsidiarity – a major legal and political principle in many Continental European jurisdictions, the Catholic Church, and the European Union – and its potential usefulness in developing Finnish law. We discuss the meaning and historical genesis of the principle of subsidiarity, as well as its uses in the law and jurisprudence of the European Union. The approach may be described as conceptual jurisprudential analysis, but it also draws on the history of philosophy and theology. The article is offered as a conversation opener on how the three levels of Finnish government and their relationships should be operated in the future