Analysis, comparison, and critique are the actions that constitute comparative studies. This work, which focuses on exclusionary rules of evidence, employs legal comparison between the Italian and Spanish systems for three purposes: (a) to understand the rationale behind the exclusion of evidence from proceedings; (b) to apply the conclusions drawn to European law, to determine whether the latter (b.1) requires the exclusion of certain evidence or (b.2) conversely, obliges the national judge to disregard the rule; (c) finally, to use the results of the comparison to assess whether judicial balancing is an appropriate solution, even within the European context.
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