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Proportionality

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Glossaries

Term Definition
Proportionality

Ground of review usually articulated in three main phases: (1) suitability, (2) necessity, and (3) proportionality in the narrow sense. First, the suitability test requires that the adopted measure be suitable to achieve the stated objectives. Second, the necessity test aims at verifying that the measure was the least restrictive available alternative or that no less drastic means were available. Three, the proportionality test in the narrow sense requires adjudicators to ascertain that the benefit gained from realizing the objective exceeds the harm caused by the adopted measure.

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