engleski

The principal of proportionality in the European Community Law - general characteristics and practical application

The article shows the place of proportionality in the European Community law, its legal character, content and functions which it plays. Apart from these general considerations, the ways of the application of proportionality in different EC policies are presented. This part of the study concentrates mainly on the case-law of the ECJ. Thanks to this analysis different attitudes to the principle of proportionality can be presented. It is also important to present the case-law because the provisions of the Treaties fail to reveal the real significance and all areas of application of proportionality (this concerns in particular actions undertaken by the Member States).

proportionality; general principles of EC law; suitability; necessity; manifestly inappropriate measure; the least restrictive measure

Dr. Justyna Maliszewska-Nienartowicz je vanjski suradnik na projektu. Profesorica je prava u Jean Monnet Centre for European Studies Nicolaus Copernicus University in Toruń, Poland