Proportionality in EU Law: A Balancing Act?

Wolf Sauter
2013 Cambridge Yearbook of European Legal Studies  
AbstractThe 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
more » ... ioned by the degree of integration achieved. In future, the use of the principle may involve increasing attention being paid to individual rights.
doi:10.1017/s1528887000003128 fatcat:q4mhzlqjtjen3ayzht7uh3uwmm