Kai kurie subsidiarumo ir teisinio personalizmo santykio aspektai (1)

Abstract

The development of the concept of subsidiarity principle has been characterised by a movement from a philosophical idea to the interests’ legislating principle in the national law and the law of the European Union. In human society, subsidiarity was born as a humanistic idea that later acquired the status of ethical and social value, elaborated to the level of the legal category by the scientific and political communities and has become the main principle of the European Union law, helping to combine the interests and beliefs of different societies, to ensure collaboration of European, national, regional and local authorities, and to bring decision-making closer to citizens. Today, on the basis of subsidiarity ideas, the concept of social law-governed state is developed, and socially responsible personality is fostered being able to take care of themselves and others. It is also noted that the state must support the person requesting assistance, but that assistance is needed only in order to help a person to acquire the ability to independently exercise his rights, thereby maintaining the personal initiatives, their individuality and ability to care for themselves.
In antiquity, subsidiarity was seen as an organic connection of the whole and its differentiated parts as well as a way to create the common good, and to stabilize the social order of society. In the Middle Ages and recent times, it has been seen as a legal regulatory approach to support the public initiatives of society’s members within the state (autonomous derivatives activity), and to help those unable to take care of themselves. In Catholic social doctrine, subsidiarity has been enhanced by the recognition of naturality of human rights, as well as by calling the state to act towards social harmony in the society, to overcome social tensions neither by revolutions nor wars, but by agreements and social reforms.
In the area of implementation of personal rights, the principle of subsidiarity is further developed and concretised by the legal personalism, which provides opportunities for specifying both the concepts of justice and solidarity, as well as their interactions. Doing this, legal personalism prescribes two features of solidarity (as state aid to person): 1) support for a person to acquire and maintain the ability to perform his duties and thus participate in exchange relations, and ground those relations on justice that is built by the participants of the relationship together, 2) public support for a person that temporarily or permanently lost the ability to perform his duties in terms of unaided self-regard. The goal of both these functions is to develop and maintain social stability of public and legal order.