44It is appropriate to bear in mind that Article 5(3) TEU refers to the principle of subsidiarity which provides that the European Union, in areas which do not fall within its exclusive competence, is to take action only if and insofar as the objectives of the proposed action cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale or effects of the proposed action, be better achieved by the European Union. Furthermore, Protocol 2, in Article 5, lays down guidelines for the purposes of determining whether those conditions are met (judgment in Luxembourg v Parliament and Council, C‑176/09, EU:C:2011:290, paragraph 76 and the case-law cited).
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