The Proportionality Principle under EU Tax Law: General and Practical Problems Caused by Its Extensive Application – Part 2

Journal
European Union
European Taxation 2017 (Volume 57), No. 10
This article analyses how the ECJ applies the proportionality principle in respect of direct taxation, as well as the consequences flowing therefrom. Part 1, published in European Taxation 9 (2017), addressed the proportionality principle and its application by the ECJ, while Part 2 covers the impact of the proportionality principle on justifications and the sovereignty of Member States in direct tax matters, as well as the consequences of the ECJ’s approach towards proportionality.