Chapter 11: The principle of proportionality in EU law and its domestic application: ni tout à fait le même, ni tout à fait un autre
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This chapter examines the principle of proportionality in EU law and its application in the Member States. It argues that the process of interaction between the national and European legal orders has occurred in three stages. Part I sets out the national pedigree of proportionality, which originated in the laws of the United Kingdom, France, and Germany, and explains how the principle emerged within EU law. Part II then turns to how proportionality analysis has come to be defined and used in EU law: its structure, its areas of application, and the intensity with which it is applied. Part III finally discusses the effect that this European principle of proportionality has had on domestic legal systems.

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