Results 1 to 10 of about 11,003 (262)

Regulation of InsurTech: Is the Principle of Proportionality an Answer?

open access: yesRisks, 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, Ostrowska Marta
exaly   +3 more sources

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.
Antonio BARONE   +1 more
doaj   +2 more sources

The principle of overall proportionality is the basis for determining proportionate punishment in multiple offences [PDF]

open access: yesFaṣlnāmah-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
doaj   +1 more source

Principle of Proportionality and Classification of Measures Implementing the Principle of Proportionality in the Context of Interim Measures

open access: yesTeisė, 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
doaj   +1 more source

Prinsip Proporsionalitas dalam Putusan Mahkamah Konstitusi (Studi Perbandingan di Indonesia dan Jerman)

open access: yesJurnal Konstitusi, 2021
The judicial review of UUD 1945 is the authority of the Constitutional Court declared by Article 24C UUD NRI 1945. One of the reasons for judicial review is competiting rights or the constitutional rights of citizens who have been violated through ...
Irene Angelita Rugian
doaj   +1 more source

IMPLEMENTASI ASAS PROPORSIONALITAS DALAM PERJANJIAN TERAPAUTIK DALAM RANGKA MEWUJUDKAN KEADILAN BAGI PASIEN

open access: yesYurispruden, 2021
Therapeutic agreements are agreements made between doctors and patients in general related to the health efforts that will be taken. The practice of therapeutic agreements sometimes raises awareness for patients who have minimal knowledge of medicine and
Alfis Setyawan, Nur Hadiyati
doaj   +1 more source

The Principle of Proportionality in Drug Offenses and Its Effective Factors in the Application of Iranian and Western Laws [PDF]

open access: yesپژوهش 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
doaj   +1 more source

The Principle of Proportionality in Modern Ius Gentium

open access: yesUtrecht 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
doaj   +1 more source

A Comparative Study on the Concept, Nature and Conditions of Proportionality in International Humanitarian Law and Islamic Law [PDF]

open access: yesپژوهش تطبیقی حقوق اسلام و غرب, 2018
The principle of proportionality is codified as a customary rule in the Additional Protocol 1 and the statute of International Criminal Court as well. However, its concept, nature and conditions for exercise are subject to some ambiguities. Under Islamic
abbasali azemy   +1 more
doaj   +1 more source

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