Clarifying the Necessity Requirement in Proportionality Testing. Is it about Less or Least Intrusive Means?
Anja E. Dekhuijzen, Paul De Hert · 2025
Among legal philosophers, debate over proportionality’s structure is far from settled. We discuss necessity via Alexy, Brems and Lavrysen. In EU personal data protection law, CJEU rulings give clarity but leave questions; ECtHR may enrich the debate.