An Italian Tale of Two Courts. Decision No. 49/2015 of the Italian Constitutional Court and Its Relationship with Strasbourg

Leandro Mancano, Giuseppe Martinico

Research output: Contribution to journalArticlepeer-review

Abstract

At the end of March 2015, the Italian Constitutional Court (or "Costituzionale Court" or "Consultation") issued an important decision, which clarified the content of the obligation to take into account the jurisprudence of the European Court of Human Rights ("ECHR "or" the Strasbourg Court "). In order to offer a detailed analysis of judgment No. 49, this work will be divided into three parts: first, we will (briefly) recall the most important developments introduced by the Italian Constitutional Court through and after calls "twin sentences" (348 and 349/2007) of 2007. Secondly, we will analyze the content of judgment No. 49/2015, and finally, in the last section of the article we will offer some final observations.
Original languageEnglish
Pages (from-to)199-214
JournalRevista Española de Derecho Europeo
Volume58
Publication statusPublished - 2016

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