Results 1 to 10 of about 6,751 (250)

A Bayesian Improvement of the Proportionality Principle

Ratio Juris, 2022
AbstractThe principle of proportionality is seen as the highest peak of structural, logical thinking that enables balancing between constitutional principles and their interferences. So far, Alexy's weight formula has been the most advanced approach in structured balancing of proportionalitystricto sensu, while this paper shows it as still too ...
Pečarič, Mirko, Mirko Pecaric
openaire   +2 more sources

The Principle of “Ultima Ratio” And/Or the Principle of Proportionality

Oñati Socio-Legal Series, 2013
The ultima ratio principle is a highly topical subject. The author describes the common grounds and different perspectives of “ultima ratio” on the one hand and/or the principle of proportionality in German criminal and public law on the ...
Rudolf Wendt
doaj   +1 more source

Plato on the Mechanics of Koinōnia Formation

Areté, 2022
This paper argues that, in order to understand the unified relations that are commonly predicated of koinōnia in the ethical, political, and cosmological spheres respectively, one must first appreciate certain prerequisite “principles” or “rules” that ...
Stephanos Stephanides
doaj   +1 more source

The principle of proportionality of constitutional responsibility of elected officials: theory, foreign experience and problems of Russian law enforcement

Правоприменение, 2021
The subject of the research is the principle of proportionality as an intersectoral principle of legal responsibility. It has a constitutional nature and guarantees fairness in resolving the cases of constitutional responsibility. This principle provides
V. V. Ignatenko, I. A. Minnikes, A. V. Nikitina   +2 more
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THE PRINCIPLE OF PROPORTIONALITY, THE IMPLEMENTATION OF EU LAW, THE PUBLIC ADMINISTRATION. GENERAL AND PRELIMINARY ASPECTS [PDF]

Challenges of the Knowledge Society, 2019
Fundamental principle of EU law is governed, at present, by Article 5 (4) of the EU Treaty, as well as Article 5 from the Protocol no 2 of the Lisbon Treaty, the Protocol on the application of the principle of subsidiarity and proportionality.
Oana ŞARAMET
doaj  

The Strict Necessity Test on Data Protection by the CJEU: A Proportionality Test to Face the Challenges at the Beginning of a New Digital Era in the Midst of Security Concerns

Croatian Yearbook of European Law and Policy, 2017
Through the judgments Digital Rights Ireland and Tele2 Sverige, the CJEU emphasised the power of the CFR (in particular arts 7, 8, 52) through the fundamental right of data protection and general principles of law such as the principle of proportionality
Zlatan Meškić, Darko Samardžić
doaj   +1 more source

Hotărârea Curţii Europene a Drepturilor Omului în cauza Flămînzeanu împotriva României [PDF]

Drepturile Omului, 2019
The right to education is not an absolute right, it can be limited by the states by adopting a national law having a legitimate aim, as long as the measures adopted respect the principle of proportionality, are predictable and do not affect the essence ...
Bianca Pătulea
doaj  

Proportionality of Internal Border Controls: From the Covid-19 Pandemic to the 2021 Proposal

Croatian Yearbook of European Law and Policy, 2022
Most Schengen Member States reintroduced internal border controls in response to the COVID-19 pandemic. These controls, which in some instances lasted for several months, jeopardised the principle of an area without borders and had to comply with the ...
Léa Schumacker
doaj   +1 more source

About the Fair Balance of Competing Rights in the Context of the COVID-19 Pandemic

Transylvanian Review of Administrative Sciences, 2020
The current pandemic situation gives us the opportunity of the following research, which is a plea to use the principle of proportionality as a rational argument in substantiating the restrictive measures adopted by the authorities in order to prevent ...
Georgeta Bianca Spîrchez, Nicolae Bârsan-Pipu   +1 more
doaj   +1 more source

On Some Problems of Applying the Principle of Farness in the Internal Activities of Business Corporations

Теоретическая и прикладная юриспруденция, 2023
Achieving farness in the internal activities of business corporation requires a combination of both organizational and contractual mechanisms, which is due to the dualistic (statutory and contractual) nature of the business corporation.
G. V. Tsepov
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