hatásarányosság

Hatásarányosság is a fundamental legal principle, primarily found in administrative and constitutional law, that requires the means employed by an authority to achieve a legitimate aim to be proportionate to the end sought. This principle acts as a crucial check on the exercise of power, ensuring that governmental actions do not unduly infringe upon individual rights or interests.

The principle of hatásarányosság typically involves a three-part test. First, the measure must be suitable, meaning it must be capable of achieving the intended objective. Second, the measure must be necessary, implying that there should not be a less intrusive alternative available that would achieve the same goal. Third, the measure must be proportionate in the strict sense, meaning that the benefits gained by achieving the objective must outweigh the harm caused to individuals or the public interest.

This principle is applied across various fields, including law enforcement, public health regulations, and economic policies. For instance, a restriction on freedom of movement might be deemed disproportionate if it is not strictly necessary to address a serious public safety threat. Similarly, a heavy tax on a particular industry could be challenged if its economic benefits do not justify the potential damage to employment and innovation. The application of hatásarányosság ensures that state actions are not only lawful but also reasonable and fair.