The principle of proportionality and its test. Exploring motivations Cover Image

Principiul proporționalității și testul acestuia. Circulând pe terenul motivelor
The principle of proportionality and its test. Exploring motivations

Author(s): Teodor Papuc
Subject(s): Politics / Political Sciences, Law, Constitution, Jurisprudence
Published by: Centrul de Studii Internationale
Keywords: fundamental rights; principle of proportionality; test of proportionality; European Court for Human Rights;

Summary/Abstract: This paper is a short presentation of the principle of proportionality and of the test which enforces it at the Strasbourg Court. The paper analyses the stages of this test, with reference to the classical test. We affirm the supremacy of this instrument in comparison to rival judiciary tests in disputes which involve fundamental rights, in an attempt to popularize it in a space still dominated by fidelity to statutes and by abstract thinking.

  • Issue Year: 13/2017
  • Issue No: 3
  • Page Range: 12-28
  • Page Count: 17
  • Language: Romanian