Izvorni znanstveni članak
https://doi.org/https://doi.org/10.30925/zpfsr.47.2.4
Principle of Proportionality as a Fundamental Principle of Civil Procedure.
Aleš Galič
; Sveučilište u Ljubljani, Pravni fakultet, Slovenija
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* Dopisni autor.
Sažetak
The principle of proportionality is becoming an increasingly important principle of civil procedure. In Slovenia, however, it is often understood too narrowly, solely in terms of resolving conflicts between competing human rights of the two parties to particular proceedings. In modern legal systems of civil procedure, the principle of proportionality is understood more broadly. Above all, it is emphasised that judicial proceedings must be proportionate to the significance, value, and complexity of the case. This requirement is not confined to balancing the rights of the parties to the proceedings but also reflects the broader societal interest in the effective functioning of the judiciary and the legal system as a whole. However, this broader interest, as an element of proportionality, should not be reduced to concerns about the equitable allocation of judicial resources among cases. An important
dimension of proportionality, grounded in this societal perspective, is the impact of judgments on the future conduct of those subject to legal norms, that is, their behavioural-modification effect. The principle of proportionality thus entails striking an appropriate balance between competing objectives, including the substantive correctness of the judgment, the timeliness of proceedings, and the efficient use of judicial resources. Properly understood in civil procedural law, it requires a balanced accommodation of the parties’ procedural rights, procedural efficiency, the prudent allocation of judicial resources, and the broader societal impact of judicial decisions in terms of their behavioural-modification effect. In weighing these competing values, due regard must also be given to individual freedom and the corresponding responsibility for one’s procedural choices. Understood in this way, proportionality should be recognised as a fundamental guiding principle both for the legislature in shaping civil procedural law and for the courts in adjudicating civil disputes.
Ključne riječi
principle of proportionality; civil procedure; conflict of rights; effective access to court; behaviour modification.
Hrčak ID:
350940
URI
Datum izdavanja:
15.9.2026.
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