Interpretazione convenzionalmente conforme e bilanciamento. Un'appendice.

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