Title: The problem of the intangibility of the res iudicata between Court of Strasbourg, national judges, Constitutional Court and… legislator? (observation concerning decision no. 129/08 of the Italian Constitutional Court

Date: 05/30/2008

Subject: Starting from a decision taken by the Italian Constitutional Court, which has declared that the instrument of rehearing (“revisione”) as a remedy against a final decisions imposing a penalty after a trial deemed as unfair by the Court of Strasbourg, the comment deals with other possibilities to reopen trials in these cases

Original language: Italian

Classification: Justice - Art. 47 Fair trial, public hearing - Art. 53 Level of protection

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