Michael Tetzschner and Morten Wold propose adding a constitutional prohibition against disproportionate interference with individuals. The proposers argue that an explicit proportionality principle in the Constitution would strengthen legal protection by requiring public authorities to assess whether measures are necessary, suitable, and less intrusive than alternatives.
AI-generated summary · Model: Claude Haiku 4.5 · Generated: 14 May 2026
These are the proposals in the document, not decisions. See the votes for the outcome.
Option 1: Article 98, first paragraph shall read: Public measures must not constitute disproportionate interference with the individual. In assessing what is disproportionate, the individual's disadvantage shall be weighed against the benefit that justifies the measure. Account shall be taken of whether the measure is suitable, whether it is necessary, and whether less intrusive means exist to achieve equivalent benefit. Current Article 98, first and second paragraphs become Article 98, second and new third paragraphs.
Option 2: Article 98, first paragraph shall read: No laws, regulations, or decisions may constitute disproportionate interference with the individual. In assessing what is disproportionate, the individual's disadvantage shall be weighed against the benefit that justifies the measure. Account shall be taken of whether the measure is suitable, whether it is necessary, and whether less intrusive means exist to achieve equivalent benefit. Current Article 98, first and second paragraphs become Article 98, second and new third paragraphs.