European proportionality doctrine

E909180

legal doctrine principle of constitutional law principle of human rights law

The European proportionality doctrine is a legal principle developed in European constitutional and human rights law that requires state measures limiting rights to be suitable, necessary, and balanced in relation to their legitimate aims.

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All labels observed (1)

Label	Occurrences
European proportionality doctrine canonical	1

Statements (47)

Predicate	Object
instanceOf	legal doctrine ⓘ principle of constitutional law ⓘ principle of human rights law ⓘ
aimsTo	ensure fair balance between individual and community interests ⓘ prevent excessive state interference with rights ⓘ
appliedInCaseLawOf	Court of Justice of the European Union free movement cases ⓘ Court of Justice of the European Union fundamental freedoms cases ⓘ European Court of Human Rights Article 10 jurisprudence NERFINISHED ⓘ European Court of Human Rights Article 11 jurisprudence NERFINISHED ⓘ European Court of Human Rights Article 8 jurisprudence NERFINISHED ⓘ
appliesIn	European constitutional law ⓘ European human rights law ⓘ
appliesTo	administrative measures ⓘ judicial measures affecting rights ⓘ legislative measures ⓘ limitations of fundamental rights ⓘ restrictions on civil liberties ⓘ
centralTo	European rights limitation analysis ⓘ
contrastedWith	American rational basis review ⓘ
developedIn	20th century ⓘ
hasAlternativeName	European principle of proportionality ⓘ principle of proportionality in Europe ⓘ
hasComponent	necessity test ⓘ proportionality stricto sensu test ⓘ suitability test ⓘ
influenced	constitutional jurisprudence of EU member states ⓘ rights adjudication in the Council of Europe system ⓘ
influencedBy	German Verhältnismäßigkeitsprinzip NERFINISHED ⓘ
originatedIn	German constitutional law ⓘ
relatedTo	EU Charter of Fundamental Rights NERFINISHED ⓘ European Convention on Human Rights NERFINISHED ⓘ margin of appreciation doctrine ⓘ
requires	balancing between individual rights and public interests ⓘ legitimate aim for any rights restriction ⓘ proportionality between means and ends ⓘ state measures be necessary among less restrictive alternatives ⓘ state measures be suitable to achieve their aim ⓘ state measures pursue a legitimate aim ⓘ
requiresAssessmentOf	least restrictive means ⓘ suitability of the measure ⓘ weighing of competing interests ⓘ
usedBy	Court of Justice of the European Union NERFINISHED ⓘ European Court of Human Rights NERFINISHED ⓘ constitutional courts of EU member states ⓘ
usedFor	judicial review of state action ⓘ review of administrative discretion ⓘ review of legislative discretion ⓘ

Referenced by (1)

Full triples — surface form annotated when it differs from this entity's canonical label.

Oakes test → influencedBy → European proportionality doctrine ⓘ