Abstract

The so-called "judicial creationism" has been criticized in criminal law in the name of rule of law. However, the creative role of interpreter cannot be denied even in this branch of law. Furthermore, nowadays judicial discretionality seems to increase in the interpretative steps required by European harmonisation. This happens both as to the disapplication of the domestic norm that is incompatible with the European norm and to the interpretation of the domestic norm in coherence with this latter. In this cases critiques to judicial dicretionality are harder, since interpretation is imposed by international obligations on States and their internal bodies, including judicial institutions.