Balancing public and individual interest in taking measures to secure the claim: Analysis of Decision No.

Balancing public and individual interest in taking measures to secure the claim: Analysis of Decision No.

In decision no.

According to KAGJL, during the review of such temporary measures, the court cannot be satisfied only with the evaluation of the potential damage of the requesting party, but must strictly take into account the avoidance of serious infringement of the public interest.

This decision emphasizes the need for a fair and objective balance between individual well-being and general community interests, avoiding unilateral approaches that harm the regular functioning of public administration.

The main principles of decision making

For the legality of the insurance measure, the court must certify:

• • Proportionality of the measure in relation to the required goal;
• • Full legal and factual justification of the suspension of the act;
• • Avoiding serious and irreparable damage to the public interest;
• • The proportional balance between the interests of the individual/business and the community.

The lack of public interest analysis, or its examination only in favor of one party, constitutes a procedural and material violation.

Incorrect implementation

Unilateral Analysis

Consideration of the request only on the interests of the plaintiff party, ignoring the consequences on the community and public interest.

The standard of KAGJL

Test of Proportionality

Legally justified measure that harmonizes individual rights with the protection and inviolability of the general interest.