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Europeanisation of the Proportionality Principle in Denmark, Finland and Sweden

Wenander, Henrik LU orcid (2020) In Review of European Administrative Law 13(2). p.133-153
Abstract
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... (More)
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. (Less)
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author
organization
publishing date
type
Contribution to journal
publication status
published
subject
keywords
Constitutional Law, Administrative Law, Nordic Law, Proportionality, EU Law
in
Review of European Administrative Law
volume
13
issue
2
pages
21 pages
publisher
Paris Legal Publishers
external identifiers
  • scopus:85125285135
ISSN
1874-7981
DOI
10.7590/187479820X15930701852283
project
Den offentliga förvaltningens konstitutionella roll i Norden: demokrati, rättssäkerhet och effektivitet under europeisk påverkan
language
English
LU publication?
yes
id
4cba207e-93a5-4154-99e6-7731a7026ab6
date added to LUP
2020-08-17 13:47:05
date last changed
2023-07-25 04:01:23
@article{4cba207e-93a5-4154-99e6-7731a7026ab6,
  abstract     = {{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.}},
  author       = {{Wenander, Henrik}},
  issn         = {{1874-7981}},
  keywords     = {{Constitutional Law; Administrative Law; Nordic Law; Proportionality; EU Law}},
  language     = {{eng}},
  number       = {{2}},
  pages        = {{133--153}},
  publisher    = {{Paris Legal Publishers}},
  series       = {{Review of European Administrative Law}},
  title        = {{Europeanisation of the Proportionality Principle in Denmark, Finland and Sweden}},
  url          = {{https://lup.lub.lu.se/search/files/82766528/Wenander_The_Europeanisation_of_the_principle_of_proportionality_in_Denmark_Finland_and_Sweden_final_version_REALaw.pdf}},
  doi          = {{10.7590/187479820X15930701852283}},
  volume       = {{13}},
  year         = {{2020}},
}