Abstract: The principles of subsidiarity and proportionality are general principles of law stemming from the constitutional traditions common to the Member States. The principle of subsidiarity is a complex concept, which is based on respect for the sovereignty of member states, and gestione the division of powers between the international and the national level in the field of human rights. The principle of proportionality is a principle used by the European Court of Human Rights for measuring national discretion of states and it refers to the obligation of the state to take proportionate measures with the intended purpose in the adoptation restricted fundamental rights.
Keywords: subsidiarity, proportionality, national discretion, fundamental rights