El principio de proporcionalidad y el ejercicio de la potestad sancionadora en tributos armonizados como el IVA

Abstract

In a tax harmonised within the EU such as VAT, the protection that the principle of proportionality must offer taxpayers as a limit to the exercise of the tax administration's power to impose penalties has a twofold effect: as a general principle of EU law and as a constitutional principle of domestic law. Two cases of tax penalties applicable to VAT are assessed in the light of the doctrine of the ECJ.