Structural and Doctrinal Grounds for weighing up the Administrative Cost by Administrative and Judicial Decisions

Abstract

It is possible to include the administrative cost of administrative and judicial procedures among the criteria which the particular implementer of law provisions takes into account to pronounce the necessity of decisions by an application of the proportionality principle and, accordingly, to correspond the administrative and judicial efficiency/economy to necessity. Necessity cannot only be developed as a benchmark of the proportionality test by the “classic” model of restrictions of individual rights. An administrative decision or a judgement that overloads the citizen, but brings him an important economic advantage concerning the enjoyment of equivalent rights, can be considered as compatible with proportionality. At the same time, it is suggested in order to optimize the links between necessity and efficiency/economy, that the space of the application of the traditional economic Kaldor-Hicks criterion should be enlarged.