Europeanisation of the Proportionality Principle in Denmark, Finland and Sweden

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Abstract

Under the influence of EU law and the ECHR, proportionality has developed into a central feature of contemporary European administrative law, on both the national and the Union level. The article examines this development with respect to the three EU Member States of Denmark, Finland and Sweden. These Nordic legal systems share certain fundamental conceptions of law, such as the limited importance of legal formalities and the associated ‘pragmatism’; the more limited role of all-embracing legal principles; and the central role of and trust in the legislator. These Nordic experiences may therefore differ from both continental (‘civil law’) and Anglo-Saxon (‘common law’) attitudes to proportionality and may contribute to a bigger picture of some features of the phenomenon of Europeanisation. The main question for the article is how the principle of proportionality in administrative law has developed and responded to this European influence in the three states.

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Research areas and keywords

Subject classification (UKÄ) – MANDATORY

  • Law

Keywords

  • Constitutional Law, Administrative Law, Nordic Law, Proportionality, EU Law
Original languageEnglish
Pages (from-to)133-153
Number of pages21
JournalReview of European Administrative Law
Volume13
Issue number2
Publication statusPublished - 2020 Jul
Publication categoryResearch
Peer-reviewedYes

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