Book contents
- Local Meanings of Proportionality
- Cambridge Studies in Constitutional Law
- Local Meanings of Proportionality
- Copyright page
- Contents
- Acknowledgements
- 1 Proportionality as a Cultural Practice
- Part I Questioning the Success of Proportionality
- Part II Great Expectations
- Part III European Integrations
- 8 A Common European Culture of Rights
- 9 A Common Market
- 10 Disintegration
- Conclusion of Part III
- Conclusion
- Bibliography
- Index
Conclusion of Part III
from Part III - European Integrations
Published online by Cambridge University Press: 08 July 2021
- Local Meanings of Proportionality
- Cambridge Studies in Constitutional Law
- Local Meanings of Proportionality
- Copyright page
- Contents
- Acknowledgements
- 1 Proportionality as a Cultural Practice
- Part I Questioning the Success of Proportionality
- Part II Great Expectations
- Part III European Integrations
- 8 A Common European Culture of Rights
- 9 A Common Market
- 10 Disintegration
- Conclusion of Part III
- Conclusion
- Bibliography
- Index
Summary
Proportionality Expressing Local Visions of European Integration. European integration has relied on the idea of integration through law. Using domestic constitutional traditions as sources of inspiration, European courts have engaged different processes of integration according to the particular goals of supranational legal orders. Proportionality and the language of rights have played a major role in these processes. In Strasbourg case law, proportionality has been used as a principle of acculturation, which obliges national authorities to integrate common European constitutional values into domestic policy-making processes. In contrast, the kind of integration triggered by Luxembourg case law has traditionally focused on facts. It has consisted in the construction of a common market through the effective enforcement of EU market freedoms, sometimes to the detriment of other domestic values.
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- Information
- Local Meanings of Proportionality , pp. 355 - 359Publisher: Cambridge University PressPrint publication year: 2021