La proporzionalità “contesa”: Corte di giustizia e giudici nazionali a confronto

Proportionality is a principle which, in addition to being present in national legal systems, is provided in art. 5 TEU as a limit to the exercise of the competences of the European Union. The study analyzes specifically the jurisprudence that, applying this criterion, has been formed on the subject of limits to the powers of the European Central Bank, from which it emerges that while the German Constitutional Court uses a strict scrutiny, the Court of Justice balances in a flexible way costs and benefits, according to the objectives of economic policy pursued by the Union.The result is a different way of understanding this principle, which is also influenced by the specific interests pursued, and which leads to questions about the need to increase the dialogue between the Courts and between the ECB and national representative bodies