Chapter

Freedom of Commercial Expression and Public Health Protection: The Principle of Proportionality as a Tool to Strike the Balance

Amandine Garde

in From Single Market to Economic Union

Published in print June 2012 | ISBN: 9780199695706
Published online September 2012 | e-ISBN: 9780191741302 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199695706.003.0007
Freedom of Commercial Expression and Public Health Protection: The Principle of Proportionality as a Tool to Strike the Balance

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This chapter explores the basic principles of the internal market and EU law. The discussion centres on how the European Court of Justice used the principle of proportionality in the Tobacco Advertising proceedings. It compares the Court's approach to advertising restrictions with the approach used by the U.S. Supreme Court. This chapter also considers the argument that neither court has created an appropriate balance between the need to guarantee that courts to do not replace their assessment with that of the legislature when using their powers of judicial review, and the need for public authorities to provide proper proof to help justify the limits on the freedom of commercial operators to advertise their goods and services.

Keywords: internal market; EU law; Court of Justice; Tobacco Advertising; advertising restrictions; U.S. Supreme Court; principle of proportionality; powers of judicial review

Chapter.  8922 words. 

Subjects: EU Law

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