Resolution CM/ResDH(2022)397. Execution of the judgments of the European Court of Human Rights and decisions of the Committee of Ministers under former Article 32 of the Convention. Seven cases against Italy (Application No. 25584/94)

The Council of Europe's Committee of Ministers adopted Resolution CM/ResDH(2022)397, concluding its supervision of seven cases against Italy. These cases, adjudicated under former Article 32 of the European Convention on Human Rights, addressed the issue of excessive duration of judicial procedures and were decided many years ago by the same Committee. 

The Committee acknowledged that Italy executed the required individual measures satisfactorily, thereby bringing these cases to a close. General measures will continue to be examined in the framework of other similar cases, but the closure of these specific cases marks a significant step forward.

Resolution CM/ResDH(2022)350 - Execution of the judgment of the European Court of Human Rights - Arnoldi against Italy (Application No. 35637/04)

With the Resolution CM/ResDH(2022)350, the Committee of Ministers concluded its supervision of Italy's execution of the ECtHR judgment in the case of Arnoldi v. Italy (Application No. 35637/04). 

Following the Court's judgment, Italy implemented measures to rectify the identified violations. The Committee acknowledged these efforts and deemed the execution of the judgment satisfactory, thereby closing the examination of the case. 

Resolution CM/ResDH(2022)351 - Execution of the judgments of the European Court of Human Rights - Three cases against Italy (Application No. 17708/12)

In 2022, the Council of Europe's Committee of Ministers adopted Resolution CM/ResDH(2022)351, concluding its supervision of three cases against Italy. These cases violated Article 6, paragraph 1 and/or Article 13 and/or Article 1 of Protocol No. 1.

Following the ECtHR' judgments, Italy implemented measures to rectify the identified violations. The Committee acknowledged these efforts and deemed the execution of the decisions satisfactory, thereby closing the examination of these cases. 

Resolution CM/ResDH(2022)320 - Execution of the judgment of the European Court of Human Rights - Cusan and Fazzo against Italy (Application No. 77/07)

Resolution CM/ResDH(2022)320 addresses the case of Cusan and Fazzo v. Italy (Application No. 77/07). This case addressed the automatic assignment of the father's surname to children born within marriage, a practice that the Court deemed discriminatory. 

The applicants, a married couple, sought to register their daughter under the mother's surname, but Italian authorities denied the request, citing traditional naming conventions in Italy. The ECtHR found that this practice violated Article 14 (prohibition of discrimination) in conjunction with Article 8 (right to respect for private and family life) ECtHR, as it imposed a rigid, gender-based rule without allowing parental choice. 

Following the judgment, Italy undertook significant legal reforms. Notably, in 2022, the Constitutional Court ruled that children should bear both parents' surnames, as decided by the parents, or just one surname if the parents agree. This reform aligned Italian law with the principles of gender equality and respect for family life. The Committee of Ministers acknowledged these measures as satisfactory execution of the Court's judgment and closed the case.

Five cases against Italy (Application No. 31669/15) and four cases against Italy (Application No. 26408/20)

Resolution CM/ResDH(2022)202 and Resolution CM/ResDH(2022)203 close the supervision of five cases and another four cases against Italy. These cases addressed violations of Article 39, paragraph 4, of the Convention for the Protection of Human Rights and Fundamental Freedoms.

Following the ECtHR's judgments, Italy implemented measures to rectify the identified violations. The Committee acknowledged these efforts and deemed the execution of the judgments satisfactory, thereby closing the examination of these cases. 

Resolution CM/ResDH(2022)204 - Grande Stevens and Others against Italy (Application No. 18640/10+)

The Committee of Ministers’ Resolution CM/ResDH(2022)204 concluded its supervision of Italy's execution of the ECtHR judgment in the case of Grande Stevens and Others v. Italy. The case involved prominent Italian business operators and companies, including Mr Franzo Grande Stevens and Exor S.p.A., sanctioned by the Italian Companies and Stock Exchange Commission (CONSOB) for alleged market manipulation during a 2005 financial operation involving Fiat. The ECtHR found that Italy had violated the applicants' rights under Article 6.1 ECtHR by denying them a public hearing and under Article 4 of Protocol No. 7, by subjecting them to double proceedings for the same offence. 

Following the judgment, Italy implemented measures to address these violations, including legislative reforms aimed at preventing double jeopardy and ensuring fair trial guarantees in administrative proceedings. The Committee of Ministers acknowledged these steps and deemed the case closed, marking a significant development in aligning Italy's legal practices with European human rights standards.

Resolution CM/ResDH(2022)205 - Morzenti against Italy (Application No. 67024/13)

The Council of Europe's Committee of Ministers, under the terms of Article 46.2 ECHR, closed this case, which concerned the violation of art. 6 ECHR (fair trial) for convicting a person on appeal after having been acquitted by the first instance court, without the prosecution witnesses having been heard in person. 

On this issue, the Italian legal system has been reformed by Constitutional Court judgment 113/2011 and subsequently by the adoption of Delegation Law 134/2021, Article 1.13, lett. o) and Art. 628-bis of the penal procedural code. The latter introduces an appeal before the Cassation court to reopen a criminal procedure of conviction if a judgment of the ECtHR found the domestic procedure infringed the ECHR standards. 

Three cases against Italy (Application No. 43641/13), Francesca de Riso and Rosa Capialbi against Italy (Application No. 13022/08), Agostino Cordova against Italy (Application No. 54136/20), Carmelo Filippelli against Italy (Application No. 74508/14)

The Committee of Ministers, in accordance with Article 39.4 ECHR, considering that the Court, having taken formal note of the friendly settlements entered into by the government and the applicants, and ascertaining their accuracy, decided to remove them from the list. 

Being satisfied with the results, the committee declared that it had exercised its functions and decided to close its examination. The resolutions are: 

• Resolution CM/ResDH(2022)128 (Application No. 43641/13),
• Resolution CM/ResDH(2022)32 (Application No. 13022/08),
• Resolution CM/ResDH(2022)12 (Application No.54136/20),
• Resolution CM/ResDH(2022)6 (Application No. 74508/14)

Resolution CM/ResDH(2022)31 - Execution of the judgment of the European Court of Human Rights - Three cases against Italy (Application No. 6360/13)

The cases regarded violations of Art. 8 ECHR in connection with the State’s insufficient efforts to grant the applicants’ right to access their minor children or grandchildren. 

The Committee of Ministers closes the cases, noticing that the State has fulfilled its specific obligation by adopting individual measures, including reassessing the applicants’ situation. However, the implementation of general measures will continue to be examined in the framework of other judgments of the ECtHR, namely the Strumia and Terna groups of cases.