THE PRINCIPLE OF PROPORTIONALITY IN THE APPLICATION OF SANCTIONS AND OTHER MEASURES OF STATE COERCION ACCORDING TO BULGARIAN LEGISLATION AND EUROPEAN UNION LAW
THE PRINCIPLE OF PROPORTIONALITY IN THE APPLICATION OF SANCTIONS AND OTHER MEASURES OF STATE COERCION ACCORDING TO BULGARIAN LEGISLATION AND EUROPEAN UNION LAW

Summary/Abstract: Proportionality, as a basic principle for exercising the state competences, requires that acts of public authority do not affect rights and legitimate interests to a greater extent than it is necessary for the purpose for which the act is issued. In applying sanction and other state coercion measures, the principle of proportionality is a threshold for the limitation of fundamental rights. Sanctions must be effective, dissuasive and proportionate. Their imposition must not have consequences which are manifestly incompatible with the objective pursued. These other requirements, which are closely related to sanctions, must be met by state coercive measures that ensure their effectiveness. The study focuses on proportionality as an element of judicial control in the definition and control of state coercive measures in domestic law and in European Union law.

• Details
• Contents