Jurisdiction(s):
European Union

EU Law Proportionality: Definition, Three-stage Test, Evidence Requirements and Intensity of Review for Member States and EU Institutions

Published by a LexisNexis EU Law expert

Practice notes

This note’s initial iteration was authored by the late Professor Alexander Türk.

Definition of proportionality

Under the principle of proportionality, action taken by the EU and by member states must not extend beyond what is strictly necessary to secure the objectives sought, and should be confined to measures needed to achieve those aims. The Court of Justice of the European Union has affirmed proportionality as a general principle of EU law. The court’s test for reviewing a measure’s proportionality stems from continental law, with particular roots in the German legal tradition.

Use of the principle of proportionality against EU member states

The principle of proportionality can be invoked against member states when they act within the scope of EU law, notably where they restrict the free movement rights conferred by EU law. For background reading, see Practice Note: The four freedoms-goods, services, establishment and capital. Even if a restrictive measure pursues a legitimate aim, a member state is obliged to demonstrate that the action adopted is proportionate to the objective pursued. In this context, proportionality operates as an instrument of market integration, limiting member state action within the scope of EU law and requiring national authorities to justify their conduct...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Darren Harvey

King’s College London

Dr Darren Harvey is a Senior Lecturer in Law and Director of Undergraduate Studies at The Dickson Poon School of Law, King’s College London. Prior to joining King’s, Dr Harvey was an Early Career Fellow in EU law at Edinburgh Law School. He wrote his doctoral thesis on constitutional review by the Court of Justice of the European Union (CJEU) at the University of Cambridge. Before writing his thesis, Darren worked as a research assistant to Prof. Thomas Giegerich at the Jean Monnet Chair of European Union Law and European Integration. Darren holds a Master of Laws (LLM) degree in European Law from the Europa Institut at Saarland University, and an LLB (Hons) from Edinburgh Law School. Darren has published widely on many different areas of EU law. He has taught a wide range of EU law and Public Law courses at both...

Web page updated on 22/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...