Административноправни аспекти на принципа на съразмерност като правен принцип

Автори:
Страници: 155-163
DOI: https://doi.org/10.54664/MIYL7318

Резюме:

This article examines the theoretical foundations of legal principles as their practical applicability is to be built on them. The principle of proportionality under Art. 6 of the Administrative Procedure Code (APC) is a powerful tool for resolving conflicts between different grounds in administrative law disputes, which is why clarifying its essence as a legal principle is of particular importance. The doctrine derives several successive categories through which legal principles should be examined, namely — the very concept of legal principle, functions of legal principles, forms and types of legal principles. This article pays due attention to the achievements of the Bulgarian doctrine and its contribution to the clarification of the concept of legal principles. Furthermore, it attempts to define the functions, form and type of the principle of proportionality under Art. 6 of the APC, since such definitions are not found in the literature. The principle of proportionality sets mandatory guidelines for comparing the ideal with the factual state of an administrative act. Consequently, it is frequently an auxiliary or even the primary means of resolving a legal dispute.

Ключови думи:

principle of proportionality, the concept of “legal principle”, legal norm, normativity, rule of conduct, functions of legal principles, forms of legal principles, types of legal principles.

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