Subsidiarity may be the most abstract concept in the European
political vocabulary: it is certainly the most contentious. The fourth
issue of the annual CEPR Report, Monitoring European Integration, draws
out its economic implications and applies it to specific policy issues.
Subsidiarity is ultimately about the distribution of power. The lack
of coherence in existing principles to govern this distribution is
disturbing, because the Single European Act of 1986, with its qualified
majority voting, already represents a decisive step towards federation.
`Competences' belong to the member states but can be delegated to the
Community. In contrast with most federal states, however, there is no
formal mechanism to allocate competences within the Community (except
those in the Treaty of Rome). Unfortunately the Maastricht treaty did
not define subsidiarity precisely enough, so it remains a general
political principle rather than explicit guidelines. If its application
is not specified by the member states, the European Court of Justice
will have to implement it, but this is essentially a political task,
beyond the capacity of the Court.
The CEPR Report therefore spells out principles that can apply
subsidiarity to specific economic policy issues. Economic theory
suggests that coordinating policies yields benefits when scale economies
or spillovers between member states are important. This coordination may
sometimes be achieved by collective agreement on rules which are then
implemented at national level. Centralization of powers at the EC level
is essential only when coordination is desirable but such decentralized
implementation is not credible.
Centralization also has costs. With less accountability, centralized
policies diverge from local preferences. The appropriate location of
power therefore reflects a trade-off between the costs and benefits of
centralization. By laying the burden of proof on those wishing to
centralize, subsidiarity recognises national sovereignty and emphasizes
problems of accountability and of `government failure' at the centre.
Has the Community applied the subsidiarity principle properly? The
Report gives a mixed verdict. In the area of merger policy, the
Community has acted correctly by basing centralization on the extent of
the spillovers between member states (see the following article by Neven
and Seabright).
But the subsidiarity criterion gives a less favourable assessment of
some European environmental policies. The regulation of drinking water
standards is contentious - rightly so, says the Report. States may try
to attract mobile factors of production by lowering environmental
standards, but governments cannot possibly relax drinking water
standards for mobile factors without relaxing them for all factors. Any
government wishing to attract mobile factors would be crazy to do so by
allowing its drinking water be polluted. This kind of environmental
dumping is not a serious threat. Subsidiarity, correctly applied,
suggests that the Community scrap its regulation of drinking water.
Should social policy and labour market regulation be a national or a
Community responsibility? There are perfectly valid reasons, the Report
says, to regulate contracts between workers and employers. It may be
difficult, for example, for a worker to evaluate the health and safety
risks entailed by a proposed job. In case of accident or illness,
national health care systems, not employers or workers, bear the full
cost of treatment. This externality encourages firms to provide lower
safety standards than is socially efficient. Thus there is a case for
government intervention, but at the national, not the European level.
When labour markets function properly there are no cross-border
spillovers which would prevent individual member states from making
appropriate regulatory decisions in accord with their national
preferences.
In the presence of labour market imperfections, there may be
cross-border spillovers - `social dumping'. Governments may try to lure
mobile capital by lowering health and safety standards, for example. The
Report concedes that social dumping may occur but argues that it is
unlikely to be significant. Governments have little incentive for such
competitive deregulation. Capital is already highly mobile and confers
little social profit on a country seeking to entice it: the public goods
that mobile capital can successfully extract are almost as expensive as
the tax revenues it provides.
Market integration within the EC has already eroded the fiscal
sovereignty of individual member states. Enhanced mobility of capital
and labour leads to `fiscal competition' among member states, which
attempt to lure mobile factors (such as capital) through lower tax rates
and looser regulation.
Fiscal competition threatens the welfare state. Mobile factors flee
taxation and regulation. Government must contract as the tax base falls.
Redistribution is more difficult as well, because some mobile factors no
longer pay high taxes. And each member state, by neglecting the effects
of its actions on other member states, may drive tax rates and the
provision of public goods and the level of regulation below the levels
that best reflect the wishes of EC citizens as a whole.
Here centralization could help. If factors are mobile within the EC
but not across its external borders, fiscal and regulatory competition
would not affect the EC as a whole. The choice may therefore lie between
a decentralized Community with much less extensive national welfare
states and a centralized Community that can preserve the welfare state
at its present levels of provision.
The Report argues that the choice is not yet so stark. Evidence that
labour mobility is limited not only within the EC but even in countries
such as Switzerland suggests that European labour is likely to remain
less than perfectly mobile, so broadly based taxes on workers' income
and spending can continue to finance national governments. Second,
because capital mobility within the EC is already high, corporate tax
rates have already fallen substantially, so there is not much more
revenue to lose from this source. Thus the national welfare state can
survive - for now.