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Proportionality in EU Law: A Balancing Act?

Proportionality in EU Law: A Balancing Act? <jats:title>Abstract</jats:title><jats:p>The proportionality principle plays a key role in constitutional review of public acts. Its use legitimises the constitutional claims of EU law in the context of a multi-level polity system. The application of proportionality in the EU differs based on whether legal acts of the EU or of its Member States are concerned. In the former case, a manifestly disproportionate test is usually applied, while in the latter case, a least restrictive means test (LRM) is normally used. Both are conditioned by the degree of integration achieved. In future, the use of the principle may involve increasing attention being paid to individual rights.</jats:p> http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Cambridge Yearbook of European Legal Studies CrossRef

Proportionality in EU Law: A Balancing Act?

Cambridge Yearbook of European Legal Studies , Volume 15: 439-466 – Jan 1, 2013

Proportionality in EU Law: A Balancing Act?


Abstract

<jats:title>Abstract</jats:title><jats:p>The proportionality principle plays a key role in constitutional review of public acts. Its use legitimises the constitutional claims of EU law in the context of a multi-level polity system. The application of proportionality in the EU differs based on whether legal acts of the EU or of its Member States are concerned. In the former case, a manifestly disproportionate test is usually applied, while in the latter case, a least restrictive means test (LRM) is normally used. Both are conditioned by the degree of integration achieved. In future, the use of the principle may involve increasing attention being paid to individual rights.</jats:p>

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Publisher
CrossRef
ISSN
1528-8870
DOI
10.5235/152888713809813611
Publisher site
See Article on Publisher Site

Abstract

<jats:title>Abstract</jats:title><jats:p>The proportionality principle plays a key role in constitutional review of public acts. Its use legitimises the constitutional claims of EU law in the context of a multi-level polity system. The application of proportionality in the EU differs based on whether legal acts of the EU or of its Member States are concerned. In the former case, a manifestly disproportionate test is usually applied, while in the latter case, a least restrictive means test (LRM) is normally used. Both are conditioned by the degree of integration achieved. In future, the use of the principle may involve increasing attention being paid to individual rights.</jats:p>

Journal

Cambridge Yearbook of European Legal StudiesCrossRef

Published: Jan 1, 2013

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