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    Please use this identifier to cite or link to this item: http://tkuir.lib.tku.edu.tw:8080/dspace/handle/987654321/30898

    Title: 歐盟法比例原則適用之研究
    Other Titles: The application of proportionality in EU law
    Authors: 康夙如;Kang, Su-ju
    Contributors: 淡江大學歐洲研究所碩士班
    曾秀珍;Tzeng, Jenny H. C.
    Keywords: 比例原則;合適性原則;必要性原則;狹義比例性原則;輔助原則;合理性原則;貨物自由流流;共同農業政策;proportinality;suitability;necessity;rule of reason;unreasonableness;subsidiarity
    Date: 2007
    Issue Date: 2010-01-11 00:03:05 (UTC+8)
    Abstract: 歐盟法之一般法律原則之中,比例原則之適用範圍廣泛,也時常被歐洲法院適用來解釋歐洲共同體(以下簡稱為歐體)內措施及行為之合法性。比例原則強調的是手段與欲達成目標之間的合適性、必要性及比例性,而達成目標之手段也必須是限制最少或最不造成損害的方式。於馬斯垂克條約生效後,比例原則與輔助原則同時被正式納入條約條文之中,成為了歐盟法之基本法律原則並具有如同憲法性的規範,可審查歐體及會員國措施之合法性。
    The main objective of this thesis is to present a legal analysis of proportionality in EU law. The principle of proportionality has been recognized as the general principle of EU law. This principle derives from the fundamental values underlying the national legal systems and it also illustrates the character of Community law as well developed by the European Court of Justice. This principle has been applied widely by the European Court of Justice to review the legality of EC acts and national measures.
    The principle of proportionality is laid down in the Article 5 of EC treaty by the treaty of Maastricht: “Any action by the community shall not go beyond what is necessary to achieve the objectives of this Treaty.” The principle of proportionality requires that measures adopted by Community institutions and member states do not exceed the limits of what is appropriate and necessary in order to attain the objectives legitimately pursued by the legislation. The main purpose of this principle is to protect the fundamental rights and individual freedom from being infringed by inappropriate EC and national measure.
    The European Court of Justice has profoundly influenced the development of the legal order of the European Community through the elaboration of unwritten general principles of law. As many important general principles of law applied by the European Court of Justice have been borrowed from German and French law, a comparative study of the various forms which this principle has assumed in German, British and French public law is presented. This thesis will introduce the development and application of this principle by the European Court of Justice and in national legal systems. In addition, the study focuses on the judicial control of subsidiarity and proportionality in expecting to explain the reasonable division of EC and national competence as subsidiarity and proportionality can be applied as legal basis to justify the competence of European Union. In the final chapter, this thesis introduces the practical application of proportional in the filed of free movement of goods and common agricultural policy in the European Union.
    Appears in Collections:[歐洲研究所] 學位論文

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