The Principle of Proportionality as a Legal Tool for Balancing Economic and Non-Economic Interests? A Comparative and EU Law Perspective

While in German Law the principle of proportionality is mainly used as a tool for judicial review of legislative or administrative limitations on basic rights and/or individual freedoms, in the context of the European Union the principle of proportionality is used also in order to check the compatibility of Member States’ measures that restrict trade within the European internal market with the aim of protecting relevant non-economic (national) interests. So, it is used as a very useful (and interesting) tool for balancing economic and non-economic interest.