The principle of proportionality

2009 ◽  
pp. 248-280
Author(s):  
Elena Katselli Proukaki
Keyword(s):  
Principle Of Proportionality

Effect of the principle of proportionality in deciding whether to dismiss from position of judge

2019 ◽  
pp. 46-57
Author(s):  
Olga Yavorska
Keyword(s):  
Key Words ◽  
Social Problems ◽  
Judicial Power ◽  
Legal Responsibility ◽  
Professional Activity ◽  
Special Place ◽  
Different Types ◽  
Legal Sanctions ◽  
Principle Of Proportionality ◽  
Judicial Protection

The article deals with violations, which are often grounds for bringing disciplinary liability of judges, as well as the enforcement of them in the form of a petition for the dismissal from position of judge. A special place in the system of legal responsibility of a judge is taken by the institute of disciplinary responsibility, the essence of which lies in the possibility of applying by a specially authorized body to an individual bearer of judicial power - judges of legal sanctions, directly provided by law, for violations in the sphere of professional activity. The institute of disciplinary responsibility is considered, the purpose of which is to solve social problems in the interests of implementing and maintaining the necessary level of efficiency of the system of judicial protection as a necessary guarantee of the protection of rights, interests and freedoms of people. The analysis of grounds for disciplinary liability of a judge and types of disciplinary punishment has been carried out. The obligatory signs of disciplinary violations that are the cause of prosecution are analyzed. It is considered about the application of the principle of proportionality to disciplinary authorities in determining the type of collection. The practice of applying the principle of proportionality of disciplinary organs in case of imposition of penalties and violation of the question of ambiguity of such practice is analyzed. The article states that with qualitatively similar offenses committed by different judges, the disciplinary bodies chose one type of collection, but in different proportions. The method of determining the principle of proportionality in differentiating the choice of terms in this type of collection for actually such mistakes seems unclear. Moreover, the use of the same principle in choosing different types of charges for virtually identical disciplinary offenses is unclear, in particular, when the repeat offense is a feature. Key words: disciplinary responsibility of a judge, principle of proportionality, disciplinary offenses, penalties, dismissal from position of judge.

Risk Assessment vs. Right to Privacy: The Access to Health Information on the Insurance Candidate through Questionnaires and the Right to Privacy

2013 ◽  
Vol 20 (1) ◽  
pp. 63-78
Author(s):  
Maria Inês de Oliveira Martins
Keyword(s):  
International Law ◽  
Health Information ◽  
Personal Information ◽  
Relevant Information ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
Access To Health ◽  
Health Related ◽  
Principle Of Proportionality ◽  
The Right

Abstract The need of private insurers for information on the candidate’s health risks is recognized by the law, which places pre-contractual duties of disclosure upon the candidates. When the risks are influenced by health factors, e.g. in the case of life- and health insurances, it implies the provision of health information by the candidates, who thus voluntarily limit their right to privacy. This consent, however, often happens in a context of factual coercion to contract. Next to this, from a legal standpoint, the collection of personal information must respond to the principle of proportionality. Against this background, this article assesses the compatibility of questionnaire techniques that rely on open-ended health related questions with the right to privacy, as protected by Portuguese and international law. It then analyses the extent of pre-contractual duties of disclosure as defined by the Portuguese Insurance Act, which requires the candidate to volunteer all the relevant information independently of being asked for it. In doing so, the article also refers to some other European countries. It concludes that the relevant Portuguese legislation is incompatible both with Portuguese constitutional law and with international law.

scholarly journals International law protecting the environment during armed conflict: gaps and opportunities

2010 ◽  
Vol 92 (879) ◽  
pp. 569-592 ◽  
Author(s):  
Michael Bothe ◽  
Carl Bruch ◽  
Jordan Diamond ◽  
David Jensen
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Environmental Law ◽  
International Humanitarian Law ◽  
Environmental Damage ◽  
Humanitarian Law ◽  
International Environmental Law ◽  
Basic Principles ◽  
Principle Of Proportionality ◽  
Definition Of

AbstractThere are three key deficiencies in the existing body of international humanitarian law (IHL) relating to protection of the environment during armed conflict. First, the definition of impermissible environmental damage is both too restrictive and unclear; second, there are legal uncertainties regarding the protection of elements of the environment as civilian objects; and third, the application of the principle of proportionality where harm to the environment constitutes ‘collateral damage’ is also problematic. These gaps present specific opportunities for clarifying and developing the existing framework. One approach to addressing some of the inadequacies of IHL could be application of international environmental law during armed conflict. The detailed norms, standards, approaches, and mechanisms found in international environmental law might also help to clarify and extend basic principles of IHL to prevent, address, or assess liability for environmental damage incurred during armed conflict.

The New Paragraph 16 of Article 148 of the Spatial Development Act

De Jure ◽  
2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Ivelina Velcheva ◽  
◽  
◽  
Keyword(s):  
Urban Planning ◽  
Public Interest ◽  
Private Property ◽  
Spatial Development ◽  
Legal Order ◽  
Development Plan ◽  
History Of Development ◽  
History Of ◽  
Principle Of Proportionality

This paper focuses on paragraph 16 of Article 148 of the Bulgarian Spatial Development Act, as well as on the need of establishing this new regulation, the means for applying the street regulation provided in the detailed development plan, and the history of development laws in Bulgaria. It considers the new provision in terms of its meaning for better urban planning of settlements and construction of infrastructure necessary for the development of property, such as pavements, streetlights, landscaping, etc. The legal order established by the Bulgarian Constitution is guaranteed through meeting the requirement for public interest and the principle of proportionality under alienation of private property for the purpose of applying street regulation.

Bußgeldrechtliche Sanktionierung juristischer Personen im neuen Marktmissbrauchsrecht

2021 ◽  
Author(s):  
Ann-Kristin Reinartz
Keyword(s):  
Financial Market ◽  
Legal Issues ◽  
European Level ◽  
Central Object ◽  
Corporate Group ◽  
Market Abuse ◽  
Principle Of Proportionality ◽  
The Individual ◽  
Financial Market Crisis

The main cause of the financial market crisis was the lack of effective and deterrent sanctions for market abuse and the inadequate enforcement of these sanctions. The European legislator has addressed this shortcoming by massively tightening sanctions – especially fines against legal persons. The thesis examines new legal issues that arise in particular from the increasing regulatory density at the European level. The central object of investigation is the tension between the need for deterrent sanctions and the preservation of the principle of proportionality as well as other constitutional principles at the level of the individual company as well as the level of the corporate group.

scholarly journals Protection of Space Environment in the Light of Perspective Challenges of “Space Wars”

2018 ◽  
Vol 5 (2) ◽  
pp. 107-114
Author(s):  
Anna Hurova
Keyword(s):  
Outer Space ◽  
Legal Regulation ◽  
Armed Conflicts ◽  
Space Environment ◽  
International Conflicts ◽  
International Court Of Justice ◽  
Human Environment ◽  
International Court ◽  
Space Objects ◽  
Principle Of Proportionality

In article it is analyzed action in the space of the principle of prohibition of the use of force and threats (jus contra bellum). Also it is researched application of Geneva Law to space conflicts (jus in bello) and it correlations with another hard and soft norms of international law in the light of protection of space environment such as Convention on the Prohibition of Military or Any Other Hostile Use of Environmental Modification Techniques, Declaration of the United Nations Conference on the Human Environment 1972, Rio Declaration on Environment and Development 1992 etc. Beside this it is used practice of International Court of Justice for argumentation of positions and conclusions. Since space objects management is done remotely with help of software, author draw parallels between legal regulation of international conflicts in outer space and cyber space. Furthermore, it is researched specific features of application the principle of proportionality in international space armed conflicts with the aim of protection environment of space and Earth.

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