Italian case-law in Italy

The Yearbook aims to point out judgments and other significant decisions that the Italian courts - in particular the Constitutional Court, the Court of Cassation and the Council of State - have adopted on matters that we consider particularly close to the theme of internationally recognised and periodically take stock of these developments. It examines judgements that concern the harmonisation between Italian law and international law on fundamental rights, on matters such as the dignity of the persons, bio-law issues, freedom of religion, conscience and opinion, asylum and international protection, discrimination, the rights of persons with disabilities, social rights, immigration, the right to privacy, women’s rights, children’s rights, due process, torture and prison conditions, the right to health, etc.

One criterion adopted to identify the judgments to be considered is the existence of a reference in these decisions to international human rights treaties or to the jurisprudence of international bodies that apply these rights, in particular the European Court of Human Rights.

The research on Italian case law is mainly conducted using the deJure database (Giuffrè Francis Lefebvre).

Italian ECHR cases

The Yearbook considers European Court of Human Rights (ECtHR) cases brought against the Italian State to be an integral part of the jurisprudence concerning Italy. The Court was established by the 1950 European Convention on Human Rights and Fundamental Freedoms (ECHR) to ensure compliance with the commitments set out in the ECHR itself and its Protocols by member States of the Council of Europe. All States parties to this organisation are also subject to the jurisdiction of the ECtHR and undertake to implement its pronouncements.

On 5 May 2019, Raffaele Sabato was elected as an Italian judge at the ECtHR and took the place Guido Raimondi, who had also served as president of the ECtHR since September 2015.

Research on the case law of the ECtHR is mainly conducted on the Court’s own database, HUDOC.

Court of Justice of the European Union (CJEU)

The Yearbook reviews the most significant cases that have involved Italy before the Court of Justice of the European Union (CJEU). The cases largely concern references for preliminary rulings made by Italian courts asking for a correct interpretation of provisions of EU law potentially in conflict with the rules of state law.

The research is conducted on the CJEU website.