نوع مقاله : مقاله پژوهشی
1 عضو هیات علمی دانشکده حقوق دانشگاه شهید بهشتی
2 دانشجوی دوره دکتری حقوق عمومی دانشکده حقوق دانشگاه شهید بهشتی
عنوان مقاله [English]
Proportionality was created as a general principle of law in modern legalsystems following the idea that citizens should be protected againstGovernment and that the regulatory interventions of Government should beproportionate to the desired goals. This principle was recognized for firsttime in the German legal system and then developed, as a ground of reviewof governmental actions, with the expansion of administrative discretion.Although the principle of proportionality has not been reflected in the EUtreaties clearly, it has been recognized as a principle of EuropeanCommunity law since the 1950s and was applied in a review of EUinstitutions and Member states actions by the EU courts. On this basis, inthis research the concept and status of the principle of proportionality inAdministrative Law is examined with regard to the legal systems ofGermany, France and UK and, then, the status of this principle within theEU legal system will be examined in more detail.Keywords:Proportionality, Administrative discretion, Judicial review, Public ends,European Union.