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Manual On Good Administration Principles

“What is justice? Justice is bestowing
a bounty in its proper place. What is
injustice?To bestow it in an improper place.”

(Rumi-672/1273, sufi, scholar and poet)

he principle of proportionality means that the methods and tools chosen
Tby the administration to achieve a legally-protected purpose are necessary,
proportionate and convenient. The principle of proportionality requires that the
fair balance between the interest of private persons and general public interest
is maintained in the procedures conducted by the administration.

This principle is based on,
Convenience, which is a sub-element of the principle of proportionality
and means that the method used to restrict the fundamental rights
and freedoms is “convenient” for realising the purpose;
“Necessity”, which is another sub-element of the principle of
proportionality and means that among the several methods to achieve
a purpose, the administration should choose the one that restricts the
rights and freedoms of individuals the least and choose the lightest
measure that would negatively affect their interest;
“Proportionality”, which means to ensure that a fair balance is
maintained between the intervention and the intended purpose/
benefit,

Harmonising the public interest, which is the purpose of all activities
of the administration, in line with the personal interests of natural and
legal persons to a certain extent and thus achieving a fair and lawful
outcome,

The requirement that the administration pay attention to the purpose,
scope and limitations of the regulation on which it is based in its
activities as well as being fair and conscientious.

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