Results 11 to 20 of about 6,751 (250)
The Principle of Proportionality and the Billerud Ruling
Croatian Yearbook of European Law and Policy, 2017 The paper approaches the problematic related to the role played by the proportionality principle in the case law of the Court of Justice of the European Union, through the lens of the Billerud case. When conducting the proportionality analysis, the Court
Ana-Marija Čičak
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Principle of proportionality and non-international armed conflicts [PDF]
Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī, 2018 In the past, most armed conflicts were international, but today armed conflicts often are non-international and internal conflicts. However most of international armed conflicts rules are about international armed conflicts and some of them regulate non ...
Valiollah Noori, Seyed Ghasem Zamani
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Regulation of InsurTech: Is the Principle of Proportionality an Answer?
Risks, 2021 In the view of the current discussion on how to regulate the emerging InsurTech companies, if at all, the author attempts to demonstrate that rather than automatically introducing new regulation, the principle of proportionality can, in most cases, help ...
Marta Ostrowska
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The Principle of Proportionality in Modern Ius Gentium [PDF]
Utrecht Journal of International and European Law, 2021 The principle of proportionality refers to the criteria for fair and optimal balancing of interests. It is widely applied to international disputes and has gained institutional and scholarly acceptance in the field of international law.
Talya Ucaryilmaz
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ON HISTORICAL AND THEORETICAL ORIGINS OF THE PROPORTIONALITY PRINCIPLE
Iustinianus Primus Law Review, 2012 During the second half of the XXth century, the proportionality principle gradually emerged as an omnipresent and important instrument of judicial interpretation, in all sorts of contexts.
Dobrinka Taskovska
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The Principle of “Ultima Ratio” And/Or the Principle of Proportionality
Oñati Socio-Legal Series, 2012 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 other hand.
Rudolf Wendt
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The European ‘Nomofilachia’ and the Principle of Proportionality
Transylvanian Review of Administrative Sciences, 2009 *The European Court of Justice greatly contributes to the guarantees that Community law will be uniformly interpreted and applied (“nomofilachia”) and the rights which individuals derive from the Community legal order will be effectively protected.
Antonio BARONE +1 more
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The principle of overall proportionality is the basis for determining proportionate punishment in multiple offences [PDF]
Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī, 2022 The principle of proportionality is one of the elements of retributive theories.Moreover its application is about the proportionality of the punishment of a crime to the same crime.Crucial question is whether the proportionality of the punishment with ...
Ebrahim ZARE
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The Principle of Proportionality in Drug Offenses and Its Effective Factors in the Application of Iranian and Western Laws [PDF]
پژوهش تطبیقی حقوق اسلام و غرب, 2023 The principle of proportionality in criminal law is considered one of the fundamental principles, which entails determining punishments that correspond to the social harm caused by the crime.
Elham Heidari
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Teisė, 2022 This article analyzes the application of the principle of proportionality in the context of interim measures. The study reveals how and to what extent is the principle of proportionality regulated by law in the application of interim measures.
Artur Doržinkevič
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