The principle of proportionality reflected in the jurisprudence of the Constitutional Court of Romania and the Constitutional Council of France
The principle of proportionality reflected in the jurisprudence of the Constitutional Court of Romania and the Constitutional Council of France

Summary/Abstract: In this study, we aim to analyze the main characteristics of the proportionality test reflected through the jurisprudence of the constitutional courts in Romania and France. The identification of these elements aims at establishing three coordinates: the common elements of the evolution of the proportionality test, the way of systematization of the current constitutionality control over proportionality and the evolutional perspectives in the proportionality test. The determination of jurisprudential variations has the role of marking the common points, the divergent ones, and the aspects of complementarity from the constitutional perspective, respectively. We also consider specific issues regarding the jurisprudence of the European courts, as well as how it interferes with the proportionality tests of the two constitutional courts. Also, the option for the two institutions is justified by the fact that they have common elements and a tangential evolution, aspects that can be captured more clearly from the analysis of the principle of proportionality, given that it is a generally accepted concept, but nuanced in practical terms.

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