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Proportionality in EU Law: A Balancing Act?
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 aredoi:10.1017/s1528887000003128 fatcat:q4mhzlqjtjen3ayzht7uh3uwmm