What is Legislative Competences

Fundamental rights are born in the form, width, and with the limits that the constitution gives them. Concretely, in single laws and in concrete situations, every right claimed by one person is limited by the other rights and rights of others. In concrete situations, two or more rights cannot be satisfied at the same time; systemic and coherent protection can be given by reasonably balancing interests in the resolution of a specific conflict. As far as health protection is concerned, proportionality assessments are based primarily on the use of the precautionary principle and the determination of the so-called acceptable risk threshold. The aim of the contribution is therefore to illustrate the techniques of balancing interests in the field of health protection with particular focus on the Italian constitutional order.