Publication

The paper will analyse the problem of proportionality in European allocation of competences and also, in a comparative perspective, in allocation of competences in some of Member States: most of all, the pivotal system of Germany, from where the principle has been transferred to article 3b of EU Treaty; then, as a sample of the so called “descendant phase of communitarian law”, the Italian system, where subsidiarity and proportionality principles are now expressly “constitutional principles”.