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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 II

Proportionality II

(p.686) (p.687) 18 Proportionality II
EU Administrative Law

Paul Craig

Oxford University Press

This chapter considers the way in which proportionality is used to contest the legality of Member State action. It begins with a discussion on positive law and gives an analysis of the principal areas in which proportionality is used to contest the legality of Member State action. It then considers the application of proportionality in the context of the four freedoms and examines case law on proportionality and equality. The chapter concludes by considering the allocation of responsibility between the European Court of Justice (ECJ) and the national courts when deciding on the application of proportionality.

Keywords:   proportionality, Member State action, equality, European Court of Justice, ECJ, national courts

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