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.
|Numero di pagine||12|
|Rivista||DIRITTO PENALE CONTEMPORANEO|
|Stato di pubblicazione||Published - 2020|