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European Observer on fundamental right's respect

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Notes & Comments (24/02/2007) - The Italian Corte di cassazione

Title: The Italian Corte di cassazione

Date: 02/24/2007

Subject: The Italian Corte di cassazione, with decision of December 1st, 2006, in the case of Dorigo, ha quashed (according to art. 670 of the criminal procedure code – c.p.p.) the order to execute a custodial sentence, based on the fact that the European Court of Human Rights has declared (dec. Septemer 9th, 1998) that the trial had infringed art. 6 of the Convention. This paper addresses the question concerning the effect in the Italian system of rulings by the Court of Strabourg, as well as the question concerning the possibility that such rulings directly affect the res judicata. Furthermore, it indicates a number of problems yet to be solved concerning existing proposals for the introduction in the Italian system of a specific means for review of cases in execution of Strasbourg rulings.

Original language: French

Classification: Art. 52 Scope of guaranteed rights - Art. 53 Level of protection

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