Principle of Proportionality and The Principle of Reasonableness

Abstract

This paper examines a principle of particular relevance for administrative action and the concept of good administration, namely the principle of reasonableness, at the EU level, from the point of view of the Italian administrative doctrine, and jurisprudence of the Council of State. Specific attention will be paid to the many faces and functions of reasonableness, in administrative proceeding as well as in judicial review of discretion, and its connection with the idea of proportionality. Moreover, this article will discuss the influence and effects of the application of general principles of EU law on the Italian legal order. Finally, it will describe the EU principle of reasonableness has influenced the Italian administrative (case) law. This article aims to show that on the one hand the European principles of reasonableness and proportionality seem to be smoothly absorbed in the Italian administrative case law; on the other, the Europeanisation process still encounters resistance from a part of the Italian doctrine that persists in categorizing reasonableness as a principle different from proportionality.