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Proportionality (political maxim)

 

 
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Proportionality (political maxim)
 
 
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The principle of proportionality is a political maxim which states that no layer of government should take any action that exceeds that which is necessary to achieve the objective of government (Regardless of intent of objective). It was initially developed in the German legal system.

It is a fundamental principle of European Union law
European Union law

The Law of the European Union is the unique legal system which operates alongside the laws of Member States of the European Union . EU law has direct effect within the legal systems of its Member States, and overrides national law in many areas, especially in areas covered by the Four Freedoms ....
. According to this principle, the EU may only act to exactly the extent that is needed to achieve its objectives, and no further.






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The principle of proportionality is a political maxim which states that no layer of government should take any action that exceeds that which is necessary to achieve the objective of government (Regardless of intent of objective). It was initially developed in the German legal system.

It is a fundamental principle of European Union law
European Union law

The Law of the European Union is the unique legal system which operates alongside the laws of Member States of the European Union . EU law has direct effect within the legal systems of its Member States, and overrides national law in many areas, especially in areas covered by the Four Freedoms ....
. According to this principle, the EU may only act to exactly the extent that is needed to achieve its objectives, and no further. This principle has underpinned the European Communities
European Communities

The European Communities were three international organisations that were governed by the same set of Institutions of the European Union. These were the European Coal and Steel Community , the European Economic Community and the European Atomic Energy Community ....
 since their inception in 1957. In the presently applicable primary law, the principle of proportionality is clearly formulated in the third paragraph of Article 5 of the Treaty establishing the European Community as follows:

This principle is also explicitly specified in the proposed new Treaty of Lisbon
Treaty of Lisbon

The Treaty of Lisbon of 1668 was a peace treaty between Portugal and Spain, concluded at Lisbon, February 13, 1668, by the mediation of England, in which Spain recognized Portuguese independence....
.