Working group The proceduralisation of proportionality Add to calendar 2023-12-01 15:30 2023-12-01 17:00 Europe/Rome The proceduralisation of proportionality Sala del Camino Villa Salviati - Castle YYYY-MM-DD Print Share: Share on Facebook Share on BlueSky Share on X Share on LinkedIn Send by email Scheduled dates December 01 2023 15:30 - 17:00 CET Sala del Camino, Villa Salviati - Castle Dec 01 2023 15:30 - 17:00 CET Sala del Camino, Villa Salviati - Castle Show all dates Organised by Department of Law The EUI Human and Fundamental Rights Working Group and the Digital Public Sphere Working Group host a joint discussion featuring Lorenz Dopplinger (University of Vienna). Proportionality is ubiquitous in the European legal order. In national systems, in EU law, and under the ECHR, it has become a key tool to assess the lawfulness of state action. Traditionally, proportionality is primarily seen as a substantive standard employed by courts to review a decision’s content ex post. In these instances, a court may analyse whether a measure taken pursues a legitimate aim, is suitable and necessary for this aim, and strikes a fair balance between the interests involved. In addition to this classic concept of substantive proportionality, procedural approaches are gaining traction. A well-known example of this development is the "procedural turn" of the ECtHR, which shifts the focus from assessing the content of a measure to examining the national decision-making process. However, similar trends can also be observed in EU law and at the national level, e.g., in the case law of the Austrian Constitutional Court. This warrants closer examination: How can the different forms of proceduralising proportionality be systematised? What are the reasons for this development, and what is its potential? Related events