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The Fork In The Road After Strasbourg: Effective Remedy Or Moral Victory?, Riccardo De Caria
The Fork In The Road After Strasbourg: Effective Remedy Or Moral Victory?, Riccardo De Caria
Riccardo de Caria
The article deals with the enforcement of judgments of the European Court of Human Rights in domestic systems, particularly focusing on the Italian law. After a historical background on European integration and Italy’s leadership role in this process (§ 1), it considers the main provision governing the matter, Art. 46 of the European Convention on Human Rights (that provides for the duty to “abide by the final judgment of the Court”), showing how the way this provision is construed influences European integration (§ 2). Next, the article considers Italy, that – unlike other States – has never allowed any form …
The Fork In The Road After Strasbourg: Effective Remedy Or Moral Victory?, Riccardo De Caria
The Fork In The Road After Strasbourg: Effective Remedy Or Moral Victory?, Riccardo De Caria
Riccardo de Caria
The article deals with the enforcement of judgments of the European Court of Human Rights in domestic systems, particularly focusing on the Italian law. It starts with a historical background on European integration, highlighting the leadership role played by Italy in this process (§ 1). It then considers the main provision governing the matter, namely Art. 46 of the European Convention on Human Rights, that provides for the duty to “abide by the final judgment of the Court”, and shows how the way this provision is construed influences European integration (§ 2). After that, the article considers the Italian approach. …