Polish legislation implementing EU Directive 2023/970 omits the proportionality principle.
Proportionality Principle
The draft law transposing EU Directive 2023/970 notably fails to incorporate the principle of proportionality. This principle is a cornerstone of EU law requiring legislative measures to be appropriate, necessary, and proportionate to their objectives.
Omitting this principle raises concerns about the potential for excessive or unjustified burdens stemming from the new directive’s implementation.
Directive 2023/970
Directive 2023/970 is an EU regulation requiring member states to enact specific laws regarding certain digital services or products. The Polish draft law is the national legislative vehicle intended to fulfill this obligation.
The absence of the proportionality principle in the draft text means the law, once enacted, may not be subject to the standard EU legal review ensuring it doesn’t overreach the directive’s requirements.
