fair trial

Article 6 ECHR: Judgments Against Italy by the European Court of Human Rights in 2023 – Part II

Legislative intervention in pending casesBellotto and Others v. Italy concerned five separate applications before the ECtHR against the Italian State. Due to the similar nature of their claims, the retroactive...
fair trial

Article 6 ECHR: Judgments Against Italy by the European Court of Human Rights in 2023 – Part III

“Reasonable time” requirementThe cases Montalto and Others v. Italy, Annunziata and Others v. Italy, Bertagna v. Italy, and Samperi and Chiapusio v. Italy concerned the excessive length of court  proceedings,...
European Court of Human Rights

European Court of Human Rights 2023 Judgments on Migrants and Minors in Italian Hotspots: (In)Human Treatment and Liberty

OverviewIn 2023, the European Court of Human Rights (ECtHR) issued two judgments against Italy concerning irregular migration, focusing on the prohibition of inhuman and degrading treatment and arbitrary detention. Both...
European Court of Human Rights

Articles 2 and 3 of the ECHR: Ensuring Life and Dignity in ECtHR Case Law in 2023

Articles 2 and 3 of the European Convention on Human Rights (ECHR) are fundamental safeguards for the protection of human life and dignity. Article 2 enshrines the right to life...
war crimes

Constitutional Court once again rules on Ferrini case with Decision No. 159/2023: balancing the rights of victims of Nazi crimes with international obligations

Over the past decades, the Italian legal system has had to deal with a complex systemic issue related to the application of international custom regarding the immunity of states from...
torture

Regeni Case: the Constitutional Court rules on prosecution in the absence of defendants for the crime of torture

On October 26, 2023, the Italian Constitutional Court issued an important decision declaring the illegitimacy of Article 420-bis, paragraph 3, of the Italian Criminal Procedure Code, insofar as it does...

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