proporcionaliteti

Proporcionaliteti is a legal principle that requires public authorities to act in a way that is appropriate and not excessive in relation to the objective they are seeking to achieve. It is a fundamental aspect of the rule of law and is applied in various legal systems, particularly within administrative and constitutional law. The principle essentially dictates that the means used by a public authority must be proportionate to the ends pursued.

To assess proportionality, a three-part test is often employed. Firstly, the measure must be suitable or appropriate for achieving the desired legitimate aim. Secondly, the measure must be necessary, meaning there should not be a less intrusive or more effective alternative available. Thirdly, the measure must be proportionate in the narrow sense, meaning the benefits of achieving the aim must outweigh the harm or burden imposed on the individual.

The principle of proportionality serves as a safeguard against arbitrary or excessive exercise of power by public bodies. It ensures that fundamental rights and freedoms are not unduly infringed and that administrative decisions are balanced and fair. Courts frequently review administrative actions for compliance with this principle, particularly when significant rights are at stake. It is a dynamic concept that adapts to the specific context of each case, considering the nature of the right infringed, the importance of the public interest, and the severity of the measure taken.