Proportionality
In Simple Terms
A legal principle requiring that EU actions and restrictions on rights do not go beyond what is necessary to achieve their objective.
Formal Legal Definition
A general principle of EU law enshrined in Article 5(4) TEU, requiring that the content and form of EU action shall not exceed what is necessary to achieve the objectives of the Treaties.
Practical Example
A national law banning all online advertising to protect minors might be struck down as disproportionate if less restrictive measures (like age verification) could achieve the same goal.
Why It Matters
Proportionality is a fundamental test used by courts to evaluate the legality of both EU and national measures, serving as a key safeguard against excessive state action.
Common Misunderstandings
Proportionality does not mean the least restrictive measure must always be used — it means the measure must be suitable, necessary, and balanced against the restriction it causes.
Related Terms
How snowLEX helps with Proportionality
snowLEX can analyze whether a specific legal measure passes the proportionality test by finding relevant CJEU case law and applying the established three-step framework.
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