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.
Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.
If you think you should have access to this title, please contact your librarian.