Primeri uporabe The general principle of proportionality v Angleški in njihovi prevodi v Slovenski
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The general principle of proportionality.
Therefore, the Constitutional Court must assess whether there exists a public interest therefor andwhether the interference is in conformity with the general principle of proportionality(Article 2 of the Constitution).
This is reflected in the general principle of proportionality(as embodied in the Treaty on European Union16 and, specifically for criminal penalties, in the EU Charter of Fundamental Rights17).
It is further necessary to evaluate whether the interference with the right to the constitutional protection of the personal data of officials is in conformity with the general principle of proportionality.
Objectively justified, goal(the third paragraph of Article 15 of the Constitution)and is in conformity with the general principle of proportionality as one of the principles of a state governed by the ruleof law(Article 2 of the Constitution).
Paragraph 3 states the general principle of proportionality between penalties and criminal offences which is enshrined in the common constitutional traditions of the Member States and in the case-law of the Court of Justice of the Communities.
Therefore, the Constitutional Court had to review whether there exists a public interest for such regulation andwhether the interference is in accordance with the general principle of proportionality(Article 2 of the Constitution).
Paragraph 3 states the general principle of proportionality between penalties and criminal offences which is enshrined in the common constitutional traditions of the Member States and in the caselaw of the Court of Justice of the Communities.
In such framework, the Constitutional Court must assess whether the legislature pursued a constitutionally admissible objective andwhether the interference is consistent with the general principle of proportionality(Article 2 of the Constitution).
Those obligations serve to balance the interests of EU importers, industry, and consumers, as well as EU exporting producers, and express,in respect of EU trade defence measures, the general principle of proportionality.
In this manner, the Constitutional Court has the possibility to perform its role as the guardian of constitutional values and to assess, by means of weighing-in conformity with the general principle of proportionality(Article 2 of the Constitution)- which values, among all the values that otherwise enjoy constitutional protection, must be given priority in order to maintain the balance between the constitutional values and to protect those that due to the rejection of the act at issue could be jeopardised.
In addition, they explicitly emphasised that the interference must be necessary to achieve the mentioned aims,which is already a constituent part of the admissibility of any restriction in accordance with the general principle of proportionality(Article 2 of the Constitution).
In accordance with the established case law of the Constitutional Court it is possible to limit a human right or fundamental freedom if the legislature pursued a constitutionally admissible aim and if the limitation is in conformity with the principles of a law-governed state(Art. 2 of the Constitution),i.e. with one of the principles which prohibits excessive state interference(the general principle of proportionality).
If the interference with a human right is intended to ensure the exercise of the rights of others, the Constitutional Court alsoevaluates whether it is an excessive interference from the perspective of the general principle of proportionality determined by Article 2 of the Constitution see, e.g., Decision No.
Certain provisions in the title on grants should be amended in order to simplify the procedures for grants and for grants of small amount(less than or equal to EUR 25 000), in accordance with the general principle of proportionality enshrined in the EC Treaty.
In the assessment of whether an interference is constitutionally admissible, the Constitutional Court assesses whether the regulation pursues a constitutionally admissible objective(the third paragraph of Article 15 of the Constitution)and whether it is in conformity with the general principle of proportionality as one of the principles of a state governed by the ruleof law(Article 2 of the Constitution).
Furthermore, in order to respect the general principles of proportionality and legal certainty, this supplier can refute the presumption created in this Article by duly justifying his shortcoming to the competent tax authorities.
Breach of the EU general principle of proportionality;
It is settled case-law that the principle of proportionality is one of the general principles of Community law.
Third ground of appeal: The General Court erred in law in its interpretation of the principle of proportionality, which it disregarded.
Fourth ground of appeal: The General Court erred in law in its interpretation of the principle of proportionality, which it disregarded(paragraph 103 et seq.).
I would make the point, in the event only that the Court does not concur with my view and adopts a more extensive reading of Article 6(1) or(2)of Directive 2000/78, that the principle of proportionality, as a general principle of EU law, must be observed in any event.
First of all, the principle of proportionality, which is a general principle of Community law and has been affirmed on numerous occasions in the caselaw of the Court of Justice, in particular with regard to common agricultural policy(see, inter alia, Case C-189/01 Jippes and Others[2001] ECR I-5689, paragraph 81, and Case C-310/04 Spain v Council[2006] ECR I-7285, paragraph 97).
Biogaran argues, in the third ground of appeal, that the General Court disregarded the principle of proportionality and the objectives of Article 101 TFEU by finding it liable, in addition to its parent company.