07 June 2017

Helle Krunke, CECS, publishes article on proportionality in new book on 'Principles of Law', Hart Publishing

Helle KrunkeExamining general principles of law provides one of the most instructive examples of the intersection between EU law and comparative law. This collection draws on the expertise of high-profile and distinguished scholars to provide a critical examination of this interaction. It shows how general principles of EU law need to be responsive to national laws. In addition, it is clear that the laws of the Member States have no choice but to be responsive to the general principles which are developed through EU law. Viewed through the perspective of proportionality, legal certainty, and fundamental rights, the dynamic relationship between the ingenuity of the Court of Justice, the legislative process and the process of Treaty revision is comprehensively illustrated.

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The chapter by Helle Krunke is entitled ‘The Application of Proportionality in Denmark in the Light of European Legal Integration’. Krunke analyses how European integration through the EU and the ECHR has impacted the application of proportionality in Denmark. Three possible tendencies towards developing a common European understanding of proportionality are identified. It is shown how the different ways, the principle of proportionality is applied in the Member States, shake some of the fundamental theories on the relationship between EU law and national law. The important assumption that EU law is applied and enforced equally and in the same way in all the EU member states is also challenged by the identified differences in the application of the principle of proportionality.