​Subsidiarity is an EU principle embodied in the EU treaties. As such, it is not yet applicable.

However, in Montenegro, the principle of subsidiarity does apply within the framework of the European Convention of Human Rights. The principle of subsidiarity within the Convention system, depends to a large extent on the interaction between judicial and non-judicial legal structures, before cases can be submitted to the Court.[1]


[1] Conference, “Protection of Human Rights in Montenegro: Use of domestic remedies, judicial and non-judicial mechanisms by legal professionals”, 2016