Proportionality Revisited

Legal Issues of Economic Integration, Vol. 27, No. 3, pp. 239-265, 2000

27 Pages Posted: 28 May 2009

See all articles by Jan H. Jans

Jan H. Jans

University of Groningen - Department of Administrative Law and Public Administration, Faculty of Law

Date Written: May 27, 2009

Abstract

In European Community law the proportionality principle plays an import role in assessing the admissibility of national import and export restrictions. The central question is what must be proportionate to what. Must the justification relied on by the Member State (public policy, safety, public health, consumer protection, environmental protection etc.) be reasonably commensurate with the interest of free movement of goods?

In other words is proportionality concerned with the interests that must be balanced against each other when the principle is applied? Or does the proportionality principle only concern the instruments a State may apply where public policy, safety, public health etc. are at stake; and more particularly in the sense that the State may only take that measure which least restricts the free movement of goods?

The purpose of this contribution is primarily to examine whether it is possible to detect a clear line in the decisions of the Court of Justice since 1992.

Keywords: EU law, proportionality, trade law, import, export

JEL Classification: K33

Suggested Citation

Jans, Jan H., Proportionality Revisited (May 27, 2009). Legal Issues of Economic Integration, Vol. 27, No. 3, pp. 239-265, 2000, Available at SSRN: https://ssrn.com/abstract=1410644

Jan H. Jans (Contact Author)

University of Groningen - Department of Administrative Law and Public Administration, Faculty of Law ( email )

P.O. Box 716
Groningen, 9700 AS
Netherlands
+31 50 363 8870 (Phone)

HOME PAGE: http://www.rug.nl/staff/j.h.jans/index

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