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The principle of proportionality is, has been, and remains a topic of interest. It is the subject of intense public debate in international forums, in the EU and at the national level. Since it is one of the principles ensuring high-quality legislation, it is becoming increasingly important in a world where legislation multiplies rapidly. A couple of years ago, it also gained in relevance in the arena of EU insurance regulation, although in a slightly different capacity. Even though there is an extensive body of academic literature on the principle of proportionality, little attention has been paid to proportionality specifically within insurance. This, in my view, has led to confusion or even a wrongful belief that proportionality embedded in the EU insurance regulation and proportionality set out in the EU Treaty are one and the same concept. To dispel all concerns, further research into proportionality focusing on insurance regulation only is necessary. Not only is it needed to fill the gap in research, but a proper understanding of proportionality in insurance is also a precondition to enhancing the application of the principle. Such was the motivation for this book. As the study was evolving, it became clearer that the application of proportionality is indispensable to the functioning of certain insurance vehicles. This realization led to the uncovering of the problem of the regulation of insurance and reinsurance captive undertakings (further referred to as ‘(re-)insurance captives’ or ‘captives’), which, as this book attempts to show, are the emblem of proportionality. Therefore, the study on the principle of proportionality in insurance is coupled with the considerations on (re-)insurance captives. Like proportionality in insurance, the problem of captives’ regulation is hardly discussed. The dependence of an optimal regulation of captives on the proper application of proportionality is tremendous and thus cannot be ignored in the discussion of proportionality. With this, the book discusses the principle of proportionality and its application in insurance with a special focus on (re-)insurance captives.

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Introduction

  • 章节

  • 发表日期：

    2025年

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  • Marta Ostrowska

摘要

The principle of proportionality is, has been, and remains a topic of interest. It is the subject of intense public debate in international forums, in the EU and at the national level. Since it is one of the principles ensuring high-quality legislation, it is becoming increasingly important in a world where legislation multiplies rapidly. A couple of years ago, it also gained in relevance in the arena of EU insurance regulation, although in a slightly different capacity. Even though there is an extensive body of academic literature on the principle of proportionality, little attention has been paid to proportionality specifically within insurance. This, in my view, has led to confusion or even a wrongful belief that proportionality embedded in the EU insurance regulation and proportionality set out in the EU Treaty are one and the same concept. To dispel all concerns, further research into proportionality focusing on insurance regulation only is necessary. Not only is it needed to fill the gap in research, but a proper understanding of proportionality in insurance is also a precondition to enhancing the application of the principle. Such was the motivation for this book. As the study was evolving, it became clearer that the application of proportionality is indispensable to the functioning of certain insurance vehicles. This realization led to the uncovering of the problem of the regulation of insurance and reinsurance captive undertakings (further referred to as ‘(re-)insurance captives’ or ‘captives’), which, as this book attempts to show, are the emblem of proportionality. Therefore, the study on the principle of proportionality in insurance is coupled with the considerations on (re-)insurance captives. Like proportionality in insurance, the problem of captives’ regulation is hardly discussed. The dependence of an optimal regulation of captives on the proper application of proportionality is tremendous and thus cannot be ignored in the discussion of proportionality. With this, the book discusses the principle of proportionality and its application in insurance with a special focus on (re-)insurance captives.