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Year: 2026
Issue: 2
Volume: 105
Author Names: Ximena MOLDOVAN/Sonia BLAJ
Abstract: The principle of proportionality in administrative law requires public authorities to adopt measures that are necessary and appropriate to their purpose, while avoiding excessive restrictions on private interests. It ensures a balance between the objectives pursued by public authorities and the means employed, thereby limiting their discretionary power. There are three relevant criteria in the analysis of proportionality in administrative matters: the appropriateness of the administrative measure, in the sense that the administrative measure must be suitable for achieving the intended objective; the necessity, meaning that the administrative measure must be the least burdensome of those available to achieve the result; and the non-excessiveness, meaning that the restriction imposed on the private individual must not be excessive or disproportionate to the public benefit sought. The study examines the concept of proportionality, how it contributes to ensuring the fairness of administrative sanctions, and the limits within which a court may review measures imposed in an abusive manner, with the entire assessment of proportionality being conducted in accordance with European standards.
DOI: https://doi.org/10.62838/cjjc-2024-0083
Pages: 87-95