Europeanisation of the Proportionality Principle in Denmark, Finland and Sweden

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Europeanisation of the Proportionality Principle in Denmark, Finland and Sweden. / Wenander, Henrik.

In: Review of European Administrative Law, Vol. 13, No. 2, 07.2020, p. 133-153.

Research output: Contribution to journalArticle

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TY - JOUR

T1 - Europeanisation of the Proportionality Principle in Denmark, Finland and Sweden

AU - Wenander, Henrik

PY - 2020/7

Y1 - 2020/7

N2 - 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.

AB - 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.

KW - Constitutional Law

KW - Administrative Law

KW - Nordic Law

KW - Proportionality

KW - EU Law

U2 - 10.7590/187479820X15930701852283

DO - 10.7590/187479820X15930701852283

M3 - Article

VL - 13

SP - 133

EP - 153

JO - Review of European Administrative Law

JF - Review of European Administrative Law

SN - 1874-7981

IS - 2

ER -