Legal Issues of Economic Integration

Volume 35 (2008)

Volume 35 (2008) / Issue 3

Sacha Prechal, 'Free Movement and Procedural Requirements: Proportionality Reconsidered' (2008) 35 Legal Issues of Economic Integration, Issue 3, pp. 201–216


In the area of free movement, the ECJ has formulated, as a part of the proportionality test, a number of guarantees as to administrative and judicial procedures. The present article argues that proportionality is no good rationale anymore for these guarantees, as better foundations may serve the general principle of effective judicial protection and good administration. This is nowadays not only a more fitting solution, but it also contributes to more coherence in European administrative law.

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ISSN: 1566-6573
ID: LEIE2008012