PRINCIPLE OF PROPORTIONALITY IN ADMINISTRATIVE ADJUDICATION
DOI:
https://doi.org/10.30925/zpfsr.37.1.7Keywords:
principle of proportionality; administrative procedure; administrative decision; discretionary power; determining facts of the caseAbstract
The purpose of this article is to analyse the principle of proportionality and its influence on the Croatian administrative adjudication and judicial practice. The author analyses the meaning and content of the principle of proportionality, as a general legal principle. Then, its influence is analysed on the European Union law, as an international integration whose Member State is the Republic of Croatia, and whose acqui communautaire is applicable in the Croatian legal system. Furthermore, its inclusion into the legal system of the Croatian administrative law is taken into consideration, both in terms of laws which are applied in specific administrative fields and in the Law of the General Administrative Procedure. Its frequency of usage in the administrative adjudication is analysed, and the criteria for its applicability are determined. In the end, it is pointed to the problems with which administrative courts are faced during judicial review of the decisions made by means of this principle.
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