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EU Administrative Law$
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Paul Craig

Print publication date: 2006

Print ISBN-13: 9780199296811

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199296811.001.0001

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Proportionality I

Proportionality I

(p.655) 17 Proportionality I
EU Administrative Law

Paul Craig

Oxford University Press

This chapter focuses on proportionality as a ground of challenge to Community action. It begins with an analysis of the meaning of proportionality as it has been elaborated by the Community courts. The focus then shifts to the intensity of review and the way in which proportionality has been applied. Three broad types of case can be distinguished in this respect. There are cases involving discretionary policy choices, whether social, political, or economic in nature. There are cases where the applicant alleges that the Community measure infringes a right recognized by EU law. There are finally those cases where the essence of the claim is that a penalty or financial burden that has been imposed is disproportionate.

Keywords:   proportionality, Community courts, discretionary policy, intensity of review

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