Principle of Proportionality in European Law

The main objective of this study is to present a comparative legal analysis of the principle of proportionality. It provides a close examination of the key areas in which this principle has been applied, both at national and supranational levels. The whole work is placed in the context of transformation of public law in the twentieth century.

As many important general principles of law applied by the Court of Justice of the EC have been borrowed from German and French law, a comparative study of the various forms which this principle has assumed in both German and French public law is presented. The book then offers an in-depth analysis of the application and impact of the principle of proportionality in EC law. The introduction and development of this principle by the Court of Justice represents one of the most striking examples of the interaction between the Community and national legal systems. It also illustrates the character of Community law as developed by the Court and the law-making function of the latter.

Table of Contents: I - The Transformation of Public Law in the Twentieth Century; II - The Principle of Proportionality in German Public Law; III - The Principle of Proportionality in French Public Law; IV - General Principles of Law in the EC Legal Order. Proportionality as a General Principle of EC Law; V - Judicial Review of the Proportionality of Community Acts by the Court of Justice; VI - The Application of the Principle of Proportionality in the Sphere of the Common Agricultural Policy Law; VII - The Principle of Proportionality in the Sphere of the Free Movement of Goods.