Principiul proportionalitatii. Aspecte teoretice si practice din jurisprudenta Curtii de Justitie a Uniunii Europene, a Curții Europene a Drepturilor Omului si a Instantelor Nationale
Proportionality principle. Theoretical and practical aspects of the case law of the Court of Justice of the European Union, of Court of Human Rights and the national courts

Summary/Abstract: The present scientific approach proposes, in the first part, a theoretical presentation of the principle of proportionality. We will approach the topic mainly through the prism of doctrine and specialized literature, since the Romanian legislator was not too generous in defining or referring to the principle of proportionality, used more and more often in the public space or in front of the courts, but whose substrates they are very difficult to reveal. Known rather as a defining element of the practice of the European Court of Human Rights (ECHR), little by little we hope that the principle of proportionality will find a well-deserved place in the legislation, doctrine and especially the practice of the Romanian courts. We have these hopes, together with its express mention in the Administrative Code as one of the fundamental principles of the administration's activity.We will also consider the RENEWAL ADMINISTRATIVE PROCEDURE OF THE EUROPEAN UNION - ReNEUAL Code which refers to this principle.Also, from the content of our analysis we cannot omit the relevant cases from the practice of national courts, but we will also try to dig into the depths of the cases resolved by the Court of Justice of the European Union (CJEU), for an integrated European approach to the topic.

• Details
• Contents