The impact of the European Court of Justice on the principle of proportionality

Marsida Feshti; Jurgen Golemi

doi:10.5771/1435-2869-2020-1-127

Contents
- Chapter Expand | CollapseAuthorsPage
- 1–2 Titelei/Inhaltsverzeichnis 1–2
- 3–6 Editorial 3–6
- 7–18 Continuous transition: The growing crisis in the western Balkans and the role of the EU Jens Becker Jens Becker 7–18
- 19–30 Notification of occupational diseases in the Republic of Croatia: the impact of COVID-19 Cvetan Kovač, Ivana Krišto, Ana Šijaković Cvetan Kovač, Ivana Krišto, Ana Šijaković 19–30
- 31–38 The impacts of COVID-19 on the world of work in Turkey Arzu Çerkezoğlu Arzu Çerkezoğlu 31–38
- 39–58 Montenegro’s accession to the European Union: Possible consequences of the free movement of persons for the Montenegrin social security system Frederic De Wispelaere, Gabriella Berki, Snjezana Balokovic Frederic De Wispelaere, Gabriella Berki, Snjezana Balokovic 39–58
- 59–76 Fair pay in eastern Europe – The continuing challenge of poverty wages Evelyn Astor Evelyn Astor 59–76
- 77–90 Complementary currency as an instrument for economic development in the western Balkans Ela Golemi, Klodian Muço Ela Golemi, Klodian Muço 77–90
- 91–108 Can the issue of corruption be solved? An analysis of corruption in the Balkans and potential solutions Fabian Teichmann, Marie-Christin Falker Fabian Teichmann, Marie-Christin Falker 91–108
- 109–126 Sanctions against Russia: implications, prospects and circumvention Fabian Teichmann, Marie-Christin Falker Fabian Teichmann, Marie-Christin Falker 109–126
- 127–136 The impact of the European Court of Justice on the principle of proportionality Marsida Feshti, Jurgen Golemi Marsida Feshti, Jurgen Golemi 127–136
- 137–139 About the Authors 137–139
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SEER Journal for Labour and Social Affairs in Eastern Europe , page 127 - 136

The impact of the European Court of Justice on the principle of proportionality

Autoren

Marsida Feshti Jurgen Golemi

DOI
- doi.org/10.5771/1435-2869-2020-1-127
- ISSN: 1435-2869
- ISSN online: 2942-3384
Abstract

One of the most important principles of EU administrative law is that of proportionality. The principle of proportionality is defined in Article 5 of the Treaty on European Union (TEU), but the legal concept has been recognised by the European Court of Justice since the 1950s as one of the general principles of EU law. Proportionality regulates the exercise of authority in terms of adjudicating whether the actions undertaken by EU institutions are within set limits. According to this rule, the action of institutions should be limited to that which is necessary to achieve the objectives of the treaties. In other words, the degree of action by the institutions must be in line with the goal being pursued. This article starts with an analysis of the meaning of proportionality, drawn from the approaches in practice of EU judges, and proceeds to an examination of the three types of issues that can be detected from their judgments: cases involving discretionary political choice, or which are of a social, political or economic nature; those related to the violation of rights under EU law; and those involving a disproportionate fine or imposition.
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