Results 11 to 20 of about 11,804 (263)

The Principle of Proportionality and the Billerud Ruling

open access: yesCroatian 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
doaj   +4 more sources

The European ‘Nomofilachia’ and the Principle of Proportionality

open access: yesTransylvanian 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. This
Antonio BARONE   +1 more
doaj   +4 more sources

Proportionality trumps gentleness: reforming Block’s evictionism (part I)

open access: yesRevista de Investigações Constitucionais, 2021
This paper argues against the most important theoretical foundations which Walter Block uses to defend his thesis that Evictionism legitimizes indirectly deadly evictions of a progeny while simultaneously forbidding abortion.
Cedric John Ayres
doaj   +1 more source

Impact of the Principle of Proportionality in Tax Law on the Jurisprudence of the Court of Justice of the European Union and the Supreme Administrative Court in Poland

open access: yesPublic Governance, Administration and Finances Law Review, 2018
The principle of proportionality in tax law as an EU and constitutional standard may play an important role in the interpretation of tax law. The principle of proportionality is associated with moderation of the activities of public authorities and ...
Artur Mudrecki
doaj   +1 more source

THE PHILOSOPHICAL BASIS OF THE PRINCIPLE OF PROPORTIONALITY [PDF]

open access: yesChallenges of the Knowledge Society, 2022
The proportionality is a general principle of law, signifying the ideas of balance, justice, responsibility and the needed adequate suiting of the measures adopted by the State to the situation in fact and to the purpose aimed by the law.
Marius ANDREESCU, Andra PURAN
doaj  

PROPORTIONALITY AS A CONDITION OF SANCTION`S JUSTICE

open access: yesRUDN Journal of Law, 2017
The principle of proportionality is one of the fundamental legal principles defining the limits of state authority. The principle of proportionality, among other things, is the basis of legal responsibility and ensures the justice of the punishment being
Alexander A Bazhanov
doaj   +1 more source

EU Courts’ review of decisions imposing fines in EU state aids cases

open access: yesActa Universitatis Agriculturae et Silviculturae Mendelianae Brunensis, 2013
The aim of this article is to provide a comprehensive view on the application of the principle of proportionality in the Commission’s decisions imposing fines in the area of state aids as well as the EU courts exercise of the jurisdiction over these ...
Jana Mikušová
doaj   +1 more source

The Principle of Proportionality: Foregoing/Withdrawing Life Support

open access: yesSouth African Family Practice, 2005
No abstract available.
D. Knapp van Bogaert, G.A. Ogunbanjo
doaj   +1 more source

Plato on the Mechanics of Koinōnia Formation

open access: yesAreté, 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

open access: yesПравоприменение, 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   +2 more
doaj   +1 more source

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