The Principle of Proportionality in the Enforcement Proceedings Under the Administrative Procedure Code

Authors:

Pages: 317-324
DOI: https://doi.org/10.54664/GLGY9860

Abstract:

In case law, there are problems with the interpretation and application of the principle of proportionality in the enforcement proceedings under the Administrative Procedure Code (APC). In theory, emphasis is often placed on the principle under Art. 6 of the APC, whereas the analysis of the provision of Art. 272 of the APC seems to remain in the background. Therefore, the article tries to give a more generalized analysis of the principle of proportionality in enforcement and the concepts it introduces, as well as to justify its significance for the lawful conduct of enforcement proceedings, giving guidelines for resolving some of the main problems arising from its application.

Keywords:

enforcement, mode of execution, means of execution, effectiveness, proportionality test, dwelling, illegal construction, inviolability of dwelling, purpose of the law

Download

NA