Proportionality beyond the Constitution: The Impact of the Principle on EU Digitalization Legislation

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Abstract

This chapter assesses how the EU principle of proportionality has impacted the content of the General Data Protection Regulation (GDPR) and the Commission proposals on Taxing the Digital Economy. Thus it seeks to pull proportionality from its procedural context which increasingly dominates its application (e.g. through Impact Assessments). The chapter considers that the traditionally strong focus on administrative and financial burdens is gradually expanding to include social and environmental burdens as well. Furthermore, it concludes that some aspects of legislation are more proportionality 'sensitive' than others. The choice of the legal act, enforcement provisions and delegation clauses in particularly attract proportionality attention. In general, however, proportionality seems to be in particular applied to protect Member States interests.
Original languageEnglish
Title of host publicationGeneral Principles of EU Law and the EU Digital Order
Editors Ulf Bernitz, Xavier Groussot, Jaan Paju, Sybe de Vries
Place of PublicationStockholm
PublisherKluwer Law International
Number of pages24
ISBN (Electronic)9789403512259
ISBN (Print)9789403511658
Publication statusPublished - 27 Jan 2020

Publication series

Name European Monographs

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