Principle of Proportionality and Classification of Measures Implementing the Principle of Proportionality in the Context of Interim Measures
Articles
Artur Doržinkevič
Vilnius University, Lithuania
https://orcid.org/0000-0001-5311-9927
Published 2022-07-05
https://doi.org/10.15388/Teise.2022.123.6
PDF
HTML

Keywords

interim measures
provisional measures
civil procedure
principle of proportionality

How to Cite

Doržinkevič, A. (2022) “Principle of Proportionality and Classification of Measures Implementing the Principle of Proportionality in the Context of Interim Measures”, Teisė, 123, pp. 85–97. doi:10.15388/Teise.2022.123.6.

Abstract

This article analyzes the application of the principle of proportionality in the context of interim measures. The study reveals how and to what extent is the principle of proportionality regulated by law in the application of interim measures. The author distinguishes measures implementing the principle of proportionality in the context of interim measures according to different criteria: (a) the nature of the issue; (b) the subject carrying out the proportionality assessment; (c) the time (stage) at which the proportionality assessment is carried out. For this study, the author analyzed the case law of both the Lithuanian Court of Appeal and the European Court of Human Rights regarding the proportionality of the restriction of property rights in the context of interim measures.

PDF
HTML

Downloads

Download data is not yet available.