European Integration

The federalism dimension of proportionality

“…Effectiveness and efficiency considerations have previously been identified in the case law of the CJEU (Pfizer, 18 Tridon, 19 Alpharma 20 ) to describe the methodological approach under the three-tier metric of proportionality. 21 Extending this line of jurisprudence, the BVerfG judgment built its ultra vires finding on the basis of the CJEU's omission to conduct a comprehensive effect analysis. This reasoning raises the question of how the effect orientation as substantive benchmarks implanted in the proportionality review allows assessment of competence concerns.…”