Professional paper

https://doi.org/10.30925/zpfsr.38.1.25

THE PRINCIPLE OF PROPORTIONALITY IN THE CJEU CASE LAW

Inga Vezmar Barlek ; High Administrative Court of the Republic of Croatia, Zagreb, Croatia

Abstract

The article emphasizes the principle of proportionality as a general principle
of law. Analysis of some CJEU case law is introduced, regarding interpretative role
of the principle of proportionality and its legal basis for annulment of individual and
general acts. The distinction between the infringement of margin of appreciation and
the principle of proportionality is given. The specifi city of the Croatian administrative
dispute law regarding the control of legality of the acts issued within margin of
appreciation is emphasized. The principle of proportionality role as a legal basis
for annulment of general acts in Croatian administrative dispute law is opened for
discussion.

Keywords

the general principles of law; the principle of proportionality; CJEU jurisprudence; individual and general acts; margin of appreciation; public interest

Hrčak ID:

178219

URI

https://hrcak.srce.hr/178219

Publication date:

10.3.2017.

Article data in other languages: croatian german italian

Visits: 4.740 *