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The Principle of Proportionality, Solvency II and Captives

open access: yesAIDA Europe Research Series on Insurance Law and Regulation
This book offers an in-depth analysis of the principle of proportionality in the EU insurance regulatory regime. It takes a critical look at how proportionality has been implemented in Solvency II and tests its effectiveness on captive (re)insurance ...
Marta Ostrowska
exaly   +2 more sources

The Principles of Majority and Proportionality

British Journal of Political Science, 1971
It is only in connection with electoral law that the terms ‘majority principle’ and ‘proportionality’ are widely used. It seems to us meaningful to apply the two concepts also to the political decision-making process as a whole. In this broadened sense ‘majority principle’ and ‘proportionality’ denote certain models of conflict regulation. The majority
openaire   +1 more source

Challenging the principle of proportionality

Journal of Medical Ethics, 2016
The first objective of this article is to examine one aspect of the principle of proportionality (PP) as advanced by Alan Gewirth in his 1978 book Reason and Morality. Gewirth claims that being capable of exercising agency to some minimal degree is a property that justifies having at least prima facie rights not to get killed. However, according to the
openaire   +2 more sources

The principle of proportionality

Chinese Language and Discourse. An International and Interdisciplinary Journal, 2020
AbstractIn Mandarin conversation, utterances about future actions with severe consequences are observed to correlate with bigger promises, marked by devices indicating greater illocutionary force, as compared with those about actions with less serious consequences.
openaire   +1 more source

Principle of Proportionality and The Principle of Reasonableness

Review of European Administrative Law, 2020
This paper examines a principle of particular relevance for administrative action and the concept of good administration, namely the principle of reasonableness, at the EU level, from the point of view of the Italian administrative doctrine, and jurisprudence of the Council of State.
openaire   +1 more source

The Principle of Proportionality [PDF]

open access: possible, 2006
Recent policy initiatives within the harmonization of European company laws have promoted a so-called "principle of proportionality" through proposals that regulate mechanisms opposing a proportional distribution of ownership and control. We scrutinize the foundation for these initiatives by analyzing the use of instruments to separate ownership from ...
Bennedsen, Morten   +1 more
openaire  

The Principle of Proportionality

2017
IMPORTANCE OF THE PRINCIPLE OF PROPORTIONALITY FOR EU CIVIL LAW: SOME GENERAL REMARKS “HARD LOOK” IN REVIEWING OF NATIONAL MEASURES The principle of proportionality as a constitutional principle of EU law – including EU civil law – was first developed to justify restrictions by Member States on free movement under the public policy or general ...
openaire   +1 more source

Proportionality as a Global Constitutional Principle

SSRN Electronic Journal, 2016
This paper shows that three versions of the principle of proportionality exist in international law, and that these three have different constitutional functions. The horizontal version 1 applies, inter alia, in the field of countermeasures including self defence. The principle here refers to the relation between action (breach of international law) of
openaire   +4 more sources

Principles, balancing, and proportionality

This chapter addresses the relation between principles, balancing, and proportionality. First, it provides an overview of the most relevant views of the nature and role of principles in the law. Then it presents the different ways in which those views account for the application of principles, with a focus on balancing, as a way of reasoning and ...
openaire   +2 more sources

The Principle of Proportionality

European Procurement & Public Private Partnership Law Review, 2022
openaire   +2 more sources

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