10 - Disintegration

Summary

European integration is in crisis. Paradoxically, disintegration seems to be a transnational tendency. While one cannot say that proportionality bears the dynamics of disintegration itself, relevant tendencies affect its form and function in different settings. This chapter offers a particular reading of proportionality cases that have provoked much discussion among French, English and Greek legal actors. I argue that what is new about these cases is not so much the application of proportionality itself, which follows already existing local patterns characterising the reception and the evolution of proportionality. Rather, it is the particular context of disintegration in which proportionality operates. Indeed, what is observed in these much debated uses of proportionality is a rupture in the traditional local patterns of Europeanisation.