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Authors: GEORGETA-BIANCA SPÎRCHEZ, OANA ȘARAMET.
DOI: https://doi.org/10.24193/SUBBiur.63(2018).3.7
Published Online: 2018-12-17
Published Print: 2018-12-28
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Abstract: The principle of proportionality is a fundamental principle of law. Created and developed especially by means of the German case-law, doctrine and legislation, it was further undertaken by other systems of law, not only from Europe or at national level but also at the level of the international and regional organizations. Within this context, the hereby study implies an advocacy for this principle’s usability importance within the area of the administrative decisions, and also for the significant part that it should have within the judicial control of these decisions, being a genuine censorship manner of the discretionary power and, therefore, an assurance of the rule of law. Our research endeavour is grounded, at the national level, by the fact that our specialized literature isn’t as ample as the one developed in other European states and also because we consider the need to model a unitary practice of our courts, under the influence exercised by the case-law of the European Court of Human Rights, respectively of the European Union Court of Justice. For this, the methodology of judicial research assumes the reference to issues of comparative law connected within the matter studied by us but, especially, by providing examples from the practice of the two European jurisdictions, that should be brought together as references of good practices regarding the analysis elements which fall into the proportionality standard. Key words: public interest, proportionality principle, limits of the discretionary power, principle of lawfulness, public administration
