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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Front Matter
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PART I: FOUNDATIONS AND PERSPECTIVES FROM INTERNATIONAL AND COMPARATIVE LAW
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PART II: COMPETENCES
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PART III: STRUCTURAL AND FORMAL CONSTITUTIONAL PRINCIPLES
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PART IV: CONSTITUTIONAL FOUNDING VALUES
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PART V: EQUAL TREATMENT AND NON-DISCRIMINATION
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PART VI: FREE MOVEMENT AND INTERNAL MARKET
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PART VII: PRIVATE LAW
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PART VIII: AREA OF FREEDOM, SECURITY AND JUSTICE
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PART IX: EXTERNAL RELATIONS
