L’EFFICACIA DELLE SENTENZE DI CONDANNA
DELLA CORTE DI STRASBURGO NELL’ORDINAMENTO INTERNO
di Marco Pietropolli
Ordine degli Avvocati di Rovigo


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Abstract

According to the European Convention on Human Rights, the States party to the Convention have a duty to give effective application to those rights, and to enforce the decisions of the Strasbourg Court. This speech, given by the Author in 2010, provides an analysis of certain cases of the Strasbourg Court, and of the Italian Constitutional and Cassazione courts, in order to highlight the absence in Italian law of a procedure that would allow Italian Judges to reopen criminal cases after the Strasbourg Court has found that the rights at the basis of the decision were contrary to the European Convention. It concludes that it is not possible to use the procedures already existent in the Italian law, but that a comparative analysis of other European legislations shows new solutions to deal with these questions.