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Home » Archive » The Grand Chamber On Confiscation Without Conviction: ‘Beyond Confiscation Of Property, The War Of The Courts’, The Interpretation Of Judgments, And The Rights Of Legal Persons

Tomaso Emilio Epidendio
The Grand Chamber On Confiscation Without Conviction: ‘Beyond Confiscation Of Property, The War Of The Courts’, The Interpretation Of Judgments, And The Rights Of Legal Persons
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The ruling of the European Court of Human Rights (ECtHR) of 28 June 2018 addresses once again the issue of the compatibility with the ECHR of the confiscation of property without conviction under the Italian law. Drawing from the specific issues concerning the confiscation of property of legal persons, this paper aims to highlight the need to look more closely at the interpretation of judgments of the ECtHR and their relationship with the Italian Constitutional Court. In this regard, the analysis examines in a comparative perspective the ECtHR’s theory of “interpretative authority” and that of “settled case law” developed by the Italian Constitutional Court. These two approaches both address the problem of relations between national and supranational jurisdictions in terms of “interpretative monopolies”, by attributing an “axiological superiority” to the normative corpora derived from their respective interpretative powers. Instead, the paper concludes that the ECtHR and the Italian Constitutional Court should find a “new direction” in their relations and, more specifically, rediscover and cultivate a culture of self-restraint.

 

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