- Volume 37
- Number 1
Studia Europejskie –
Studies in European Affairs
Articles published in the journal are under a Creative Commons Attribution – Non Commercial – No Derivatives 4.0 International License
Rozwój zasady proporcjonalności w europejskim prawie wspólnotowym
Development of the principle of proportionality in the European Community legislation
The principle of proportionality has been developed both by the European Court of Justice and in the provisions of the Treaties. The Court has been very active in this area – it has developed both the criteria and areas of their
application. It is emphasized that proportionality is one of the most common principles in the Court’s jurisprudence. The Maastricht Treaty (7 February 1992) gave it the status of the fundamental principle of the European Community. It was regulated in Article 3(b) which stipulated that “any action by the Community shall not go beyond what is necessary to achieve the objectives of this Treaty”. The Amsterdam Treaty (2 October 1997), while not changing this provision, regulated some practical aspects of the principle. They were regulated in the Protocol on the application of the principles of subsidiarity and proportionality. The Constitutional Treaty (29 October 2004) introduced some changes (in fact, not very far-reaching) both in the general provision on the
proportionality and in the Protocol. In general one san say that the provisions of the Treaties fail to reveal the real significance and areas of application of the principle (this concerns in particular the actions undertaken by Member States as derogations from the fundamental freedoms). Also the definition and criteria of the proportionality, developed by the Court, are not fully regulated in the Treaties. Therefore, one should study both their provisions and the Court’ jurisprudence in order to fully appreciate the role the principle plays in the legal order of the EC.
How to Cite:
Maliszewska-Nienartowicz, J. (2006) "Rozwój zasady proporcjonalności w europejskim prawie wspólnotowym". Studia Europejskie – Studies in European Affairs, 1/2006, pp. 59-82.
Maliszewska-Nienartowicz J. (2006). Rozwój zasady proporcjonalności w europejskim prawie wspólnotowym. Studia Europejskie – Studies in European Affairs, 1/2006, 59-82.
Maliszewska-Nienartowicz, Justyna. 2006. "Rozwój zasady proporcjonalności w europejskim prawie wspólnotowym". Studia Europejskie – Studies in European Affairs 1/2006, 59-82.