Das Prinzip der Subsidiarität im Biomedizinrecht

The principle of subsidiarity in biomedical law is one of several still young principles of biomedical law. It aims to ensure a uniform, enforceable, and justified protection in favor of research subjects. Biomedical law contains a multitude of norms that provide for subsidiarity in the context of research and medical treatment on humans. The problematic aspect is that there is currently no universally valid version of a subsidiarity principle.

The work systematically outlines the characteristics that define the subsidiarity principle and to what extent it has been anchored in existing (national and international) law, and - through critical examination - how this occurred. To arrive at proposals de lege ferenda, the author engages thoroughly and interdisciplinary with the uniformity of language, the enforceability of the principle, and, in legal philosophical discourse, with (un-)justified paternalism towards those capable of judgment.