Notes & Comments (22/06/2007) - The case Markovic
Title: The case Markovic
Subject: The text concerns the theme of State liability for war actions and a debated verdict by Strasbourg’s Court (CEDU, Verdict 14/12/2006 Great Chamber in suit n. 1398/2003 Markovic and others v. Italy) which seems “to reveal” its consolidated jurisprudence about right of admittance in a Court. The author underlines as, for Strasbourg’s Court, doesn’t exist an exemption by judicial control on political or war actions, in spite of what stated by Italian Court of Cassation, which has declared about it a jurisdiction’s lack because “No one judge has control-power” over this kind of actions. But the same Strasbourg’s Court concluded that in this case, submitted to its consideration just by item.6 § 1 CEDU, doesn’t subsist the complained violation, since a judge had been correctly assigned and he should have pronounced its decision on the basis of applicable principles of Italian internal law concerning tort liability.
The author underlines problematic cruxes about that decision and she mentions agreeing and opposing opinions of two judges (Costa-Zagrebelsky). So she draws attention to charged trend of Italian Cassation which, after two years since mentioned precedent 05.06.2002, n. 8157, always at united divisions (Ordinance 11.03.2004 n.5004) declared the “fundamental value assumed in the international law by observance of human person inviolable rights” and that “such observance must be reflected on the significance of other principles to which such law is traditionally inspired”.
Original language: Italian
Classification: Dignity - Art. 1 Human dignity - Freedoms - Art. 6 Personal liberty - Justice - Art. 47 Justice: remedy - Justice: effective - Right to an effective remedy before a tribunal - General provisions - Art. 51 Scope - Art. 52 Scope of guaranteed rights - Art. 53 Level of protection