Precautionary Application of Proportionality Analysis in Judicial Review of Emergency Measures

Abstract

The presentation focuses on the applicability of the proportionality analysis in judicial review of emergency measures adopted during the COVID-19 pandemic; in the presentation it is argued that principle of proportionality is a suitable tool to assess the constitutionality of the limitation of rights albeit particular sub-tests need to be adapted to the emergency situations.

Keywords

• Principle of proportionality
• judicial review of emergency measures
• necessity
• suitability
• balancing