The impact of the European Court of Justice on the principle of proportionality

Marsida Feshti and Jurgen Golemi

SEER Journal for Labour and Social Affairs in Eastern Europe, 2020, vol. 23, issue 1, 127-136

Abstract: One of the most important principles of EU administrative law is that of proportionality. The principle of proportionality is defined in Article 5 of the Treaty on European Union (TEU), but the legal concept has been recognised by the European Court of Justice since the 1950s as one of the general principles of EU law. Proportionality regulates the exercise of authority in terms of adjudicating whether the actions undertaken by EU institutions are within set limits. According to this rule, the action of institutions should be limited to that which is necessary to achieve the objectives of the treaties. In other words, the degree of action by the institutions must be in line with the goal being pursued. This article starts with an analysis of the meaning of proportionality, drawn from the approaches in practice of EU judges, and proceeds to an examination of the three types of issues that can be detected from their judgments: cases involving discretionary political choice, or which are of a social, political or economic nature; those related to the violation of rights under EU law; and those involving a disproportionate fine or imposition.

Date: 2020
References: View references in EconPapers View complete reference list from CitEc
Citations:

Downloads: (external link)
https://www.nomos-elibrary.de/10.5771/1435-2869-2020-1-127 (application/pdf)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:nms:joseer:10.5771/1435-2869-2020-1-127

Ordering information: This journal article can be ordered from
Nomos Verlagsgesellschaft mbH & Co. KG, Waldseestraße 3-5, 76530 Baden-Baden, Germany
https://www.nomos-sh ... w.aspx?product=10355

DOI: 10.5771/1435-2869-2020-1-127

Access Statistics for this article

SEER Journal for Labour and Social Affairs in Eastern Europe is currently edited by Béla Galgoczi

More articles in SEER Journal for Labour and Social Affairs in Eastern Europe from Nomos Verlagsgesellschaft mbH & Co. KG
Bibliographic data for series maintained by Nomos Verlagsgesellschaft mbH & Co. KG ().