6533b82cfe1ef96bd128f064

RESEARCH PRODUCT

Interpretazione convenzionalmente conforme e bilanciamento. Un'appendice.

subject

description

This paper critically analyses the relationship between the ECtHR balance in implementing a right based on the ECHR and the ECHR-driven interpretation by the domestic judge in applying defenses. While ECHR-driven interpretation is kept within the boundaries of the wording of the law, the balance is per se integrative-additive, so it goes by definition beyond such boundaries. Consequently, the ‘case by case’ approach at a domestic level could be more difficult and this would require to involve the Constitutional Court.