We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
To save content items to your account,
please confirm that you agree to abide by our usage policies.
If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account.
Find out more about saving content to .
To save content items to your Kindle, first ensure [email protected]
is added to your Approved Personal Document E-mail List under your Personal Document Settings
on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part
of your Kindle email address below.
Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations.
‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi.
‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
This chapter provides a comparative study of the application of proportionality by English and Greek judges in the field of EC market freedoms. It shows that both English and Greek judges have assumed their mission of juges communautaires de droit commun. Despite this appearance of convergence, I argue, the reception of proportionality follows local patterns of cultural change and local knowledge practices, which affect local lawyers’ possibilities to resist to the process of European integration, as well as their capacity shape this process. Common law pragmatism has allowed English courts to frame normative conflicts between domestic and EC law. When proportionality and the effet utile of EC market freedoms entered into conflict with fundamental constitutional principles of the common law, English judges have occasionally objected to their application. By way of contrast, the perception of law as science has not allowed Greek lawyers to frame normative conflicts between domestic and EC law. Proportionality as a European science has engineered important constitutional change and has considerably compromised the normativity of the Greek Constitution.
Recommend this
Email your librarian or administrator to recommend adding this to your organisation's collection.