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Home » Archive » The Role Of The Echr In The Italian Administrative Case Law.

Silvia Mirate
The Role Of The Echr In The Italian Administrative Case Law.
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Italian administrative courts are developing a new attitude
in implementing Conventional rights and in considering the
Strasbourg case law as a key element for their decisions. On this
regard, the article, after an overview of the traditional approach of
the Italian Council of State to the European Convention and a brief
analysis of the two judgments of the Constitutional Court No. 348
and No. 349 of 24 October 2007, focuses on the results of a research
into the administrative case law, which refer, after the two
constitutional judgments, to the ECHR. In particular the study
underlines the administrative case law which already takes into
account the new relationship with Strasbourg case law and the
present domestic reception process of the European Convention in
the Italian legal order. The new growing attitude of the Italian
administrative courts is, nevertheless, compared with the still
existing traditional position in some administrative judgements, in
which the ECHR provisions, as interpreted by the European
Court, are even now very reluctant to apply Convention
provisions directly and to follow the European case law.

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