A clear view on legal issues
Dr. Beatriz Gómez Fariñas published an article on The Principle of Proportionality on Public Procurement in Ius Publicum. The content of this article is further analysed in the book The Principle of Proportionality on Public Procurement (in Spanish), Marcial Pons, forthcoming (2021).
The principle of proportionality is one of the most ancient principles that operate in the field of Administrative law. According to Braibant, it is no more than the application of a rule of common sense to the Public Administration. Traditionally it has been used as an instrument to control the discretionary powers of public authorities, assessing that their actions do not involve excessive harm for the citizens. One of the most characteristic features of the principle of proportionality, which makes it special in comparison with other general principles, is the existence of an internal structure composed of three sub-principles or levels of scrutiny (suitability, necessity, and proportionality stricto sensu). They apply in a successive and staggered manner, so that the measure at issue should pass each level of scrutiny before it can move on to the next.