Between Political Inertia and Timid Judicial Activism: The Attempts to Overcome the Italian ‘Implementation Failure’
Between Political Inertia and Timid Judicial Activism: The Attempts to Overcome the Italian ‘Implementation Failure’
This chapter examines the domestic consequences of the ECtHR's judgments in the most problematic areas that have generated a large volume of case law against Italy, such as fair trial and length of proceedings, property rights, and the right to family and private life. It argues that the ineffective and delayed implementation of the ECtHR's judgments in Italy has been due to factors concerning the legal system as well as the cultural attitude of the Italian politicians and the civil society. In spite of the persistent failure of Italian authorities to undertake effective legal and judicial reform in response to the major violations of the ECHR (like those regarding Art. 6 ECHR), the past couple of years have seen renewed and more determined efforts in this regard. These have gone hand in hand with greater receptivity of the Convention and its binding quality. Especially important has been the role of the national higher courts, which have sought to partly counterbalance the political inertia to enforce Strasbourg Court judgments, even if they have done so by exercising substantial self-restraint.
Keywords: Judicial activism, Administration of justice, Length of proceedings, Property rights, Right to family and private life, Secrecy of correspondence
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