This contribution will analyse the relationship between the European Convention on Human Rights (ECHR) and the Italian legal order, starting with the status of the ECHR in the hierarchy of domestic sources and the question of the direct applicability of its provisions. In both cases, the examination of the relevant case-law will be divided into two parts: before and after the so-called ‘twin judgments’ of the Constitutional Court nos. 348 and 349 of 24 October 2007. Subsequently, the practice concerning the enforcement of judgments of the European Court of Human Rights (ECtHR) in Italy will be examined, with a focus on a number of well-known cases showing difficulties encountered by the Italian legal system in this area. Finally, a third part will be devoted to brief reflections on the function of completing the legal system and stimulating legislative reforms performed by the ECHR and judgments of the ECtHR.
Il rapporto tra CEDU e ordinamento italiano: molte luci e qualche ombra
cataldi
2026-01-01
Abstract
This contribution will analyse the relationship between the European Convention on Human Rights (ECHR) and the Italian legal order, starting with the status of the ECHR in the hierarchy of domestic sources and the question of the direct applicability of its provisions. In both cases, the examination of the relevant case-law will be divided into two parts: before and after the so-called ‘twin judgments’ of the Constitutional Court nos. 348 and 349 of 24 October 2007. Subsequently, the practice concerning the enforcement of judgments of the European Court of Human Rights (ECtHR) in Italy will be examined, with a focus on a number of well-known cases showing difficulties encountered by the Italian legal system in this area. Finally, a third part will be devoted to brief reflections on the function of completing the legal system and stimulating legislative reforms performed by the ECHR and judgments of the ECtHR.| File | Dimensione | Formato | |
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