In some Member States, legal procedural provisions require there to be a second level of appeal beyond that which is required in accordance with this Regulation. In the light of the principles of proportionality and subsidiarity, and having due regard to the procedural autonomy of the Member States, as well as the objectives of this Regulation, it is appropriate to provide for a flexible definition of what constitutes a final decision by means of referring to national law, it being understood that Member States should as a minimum provide for the remedies laid down in Chapter V of this Regulation before a decision becomes final in accordance with national law. Where a subsequent application has been made before the decision on a previous application becomes final, it should be considered to be a further representation and examined in the framework of the ongoing administrative or appeal procedure as appropriate.