Avaliar a avaliação custo-benefício: um olhar sobre a concepção francesa do princípio da proporcionalidade

Translated title of the contribution: Evaluating cost-benefit evaluation: a look into french proportionality principle conception

Tiago Macierinha

Research output: Contribution to journalArticlepeer-review

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Abstract

In the task of understanding the European principle of proportionality, the study of German doctrine and jurisprudence is not sufficient. It is also important the knowledge of the experience of other jurisdictions. The purpose of this work is to precisely publicize the contribution of French doctrine and jurisprudence -whose ranks dogmatic remained relatively immune to influences from the other side of the Rhine -about the principle of proportionality. Although it is not the only manifestation of the presence of the proportionality principle in French law, it was decided, in this article, by highlighting one whose uniqueness can reveal a different perspective of controlling the proportionality of administrative activity. In this sense, it is not surprising that, after reviewing the French doctrine regarding to the principle of proportionality, the article will deal exclusively with the call to a cost-benefit assessment (bilan coût-avantages).
Translated title of the contributionEvaluating cost-benefit evaluation: a look into french proportionality principle conception
Original languagePortuguese
Pages (from-to)9-55
Number of pages46
JournalDuc In Altum
Volume5
Issue number7
DOIs
Publication statusPublished - Jan 2013

Keywords

  • The principle of proportionality
  • French doctrine
  • Cost-benefit evaluation

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