Autor: Mona Maria PIVNICERU, Benke KAROLY

Publicat în: Revista de drept constituțional nr. 1/2015

Disponibil online: aici.

Abstract: This study aims at presenting a more complex image of the principle of proportionality through an analysis that combines the theoretical and the jurisprudential perspectives. The precondition of this analysis is the classic opinion of this originally German principle which requires a distinction between the objective and subjective conditions of limitation/restriction of fundamental rights/freedoms, each of which shall be subject to a separate test in order to determine whether limitations/restrictions thus established are justified. However, we reveal the way in which such principle has been [vezi tot]