Principle of proportionality
The benefits which society derives from the restrictions imposed on an addressee must be greater than the restrictions on the rights or legal interests of the addressee. Significant restrictions on the rights or legal interests of a private person are only justified by a significant benefit to society.
Principle of proportionality in Latvian Administrative law
An institution in decision-making process shall take into consideration:
1) the necessity of the administrative act for the attaining of a legal (legitimate) goal;
2) the suitability of the administrative act for the attaining of the relevant goal;
3) the need for the administrative act, that is, whether it is possible to attain such goal by means which are less restrictive of the rights and legal interests of participants in the administrative proceeding; and
4) the conformity of the administrative act, comparing the infringement of the rights of a private person and the benefits for the public interest, as well as taking into account that substantial restriction of the rights of a private person may only be justified by a significant benefit to the public.
According to settled case law the restriction of human rights, if this in substance deprives the addressee of the relevant rights, is not proportionate in any case.
This page was last modified on 18 January 2018 at 05:53.
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Author: Artis Zelmenis