Принципът на съразмерност в изпълнителното производство по административнопроцесуалния кодекс
The Principle of Proportionality in the Enforcement Proceedings Under the Administrative Procedure Code
Author(s): Irina Dimitrova-HristovaSubject(s): Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law, Sociology of Law, Administrative Law
Published by: Великотърновски университет „Св. св. Кирил и Методий”
Keywords: enforcement; mode of execution; means of execution; effectiveness; proportionality test; dwelling; illegal construction; inviolability of dwelling; purpose of the law.
Summary/Abstract: In case law, there are problems with the interpretation and application of the principle of proportionality in the enforcement proceedings under the Administrative Procedure Code (APC). In theory, emphasis is often placed on the principle under Art. 6 of the APC, whereas the analysis of the provision of Art. 272 of the APC seems to remain in the background. Therefore, the article tries to give a more generalized analysis of the principle of proportionality in enforcement and the concepts it introduces, as well as to justify its significance for the lawful conduct of enforcement proceedings, giving guidelines for resolving some of the main problems arising from its application.
Journal: De Jure
- Issue Year: 25/2025
- Issue No: 2
- Page Range: 317-324
- Page Count: 8
- Language: English, Bulgarian
