Legal positivism and the principle of legal certainty are nowadays under attack, especially in the contemporary constitutional review scenario where the pervasive use of the balancing test has taken the place of other traditional interpretation methods. Acknowledging this danger, the European Court of Human Rights has used the opportunity represented by the vexed question of “norms of authentic interpretation” to affirm a different principle in the context of retroactive legal statutes. Thus, in a multilevel legal system even dogmatic approaches have to cope with the new roles played by supranational Courts and their different set of legal tests.
Nota: El evento será en inglés.
Davide Zanoni, Università Cattolica di Milano.
Antonio-Martín Porras Gómez, CEPC.