Towards a simple mathematical model for the legal concept of balancing of interests.

ABSTRACT: We propose simple nonlinear mathematical models for the legal concept of balancing of interests. Our aim is to bridge the gap between an abstract formalisation of a balancing decision while assuring consistency and ultimately legal certainty across cases. We focus on the conflict between the rights to privacy and to the protection of personal data in Art. 7 and Art. 8 of the EU Charter of Fundamental Rights (EUCh) against the right of access to information derived from Art. 11 EUCh. These competing rights are denoted by (i1) right to privacy and (i2) access to information; mathematically, their indices are respectively assigned by u1∈[0,1] and u2∈[0,1] subject to the constraint u1+u2=1. This constraint allows us to use one single index u to resolve the conflict through

SUBMITTER: Zufall F 

PROVIDER: S-EPMC10590319 | biostudies-literature | 2023

REPOSITORIES: biostudies-literature