The Decisions No. 348 and 349/2007 of the Italian Constitutional Court: The Efficacy of the European Convention in the Italian Legal System

German Law Journal, Vol. 9, No. 7, pp. 889-932, 2008

44 Pages Posted: 21 Feb 2009

See all articles by Francesca Biondi Dal Monte

Francesca Biondi Dal Monte

Scuola Superiore Sant'Anna di Pisa

Filippo Fontanelli

University of Edinburgh - School of Law

Date Written: July 1, 2008

Abstract

For the first time, national provisions governing the quantification of respective compensation amounts due for public purposes expropriation and for unlawful expropriation were declared unconstitutional by the Italian Constitutional Court's decisions No. 348 and 349, issued on 24 October 2007, because they were in contrast with the international obligations stated in Protocol 1 of the European Convention of Human Rights (hereinafter the "ECvHR"), Article 1.

After these decisions were drawn, the relationship between European Courts on the protection of fundamental rights has undergone a significant evolution. Not only has the Italian Constitutional Court clarified, through Article 117 paragraph 1 of the Italian Constitution, the European Convention's actual efficacy in the domestic legal system, but it has interpreted international obligations as an interposed standard of review, on the basis of which the constitutionality of domestic law must be assessed.

The aim of this article is to provide a complete overview of said two decisions, and of their innovatory implications.

Keywords: Italian Constitutional Court, European Court of Human Rights, European Convention of Human Rights and Fundamental Freedoms

Suggested Citation

Biondi Dal Monte, Francesca and Fontanelli, Filippo, The Decisions No. 348 and 349/2007 of the Italian Constitutional Court: The Efficacy of the European Convention in the Italian Legal System (July 1, 2008). German Law Journal, Vol. 9, No. 7, pp. 889-932, 2008, Available at SSRN: https://ssrn.com/abstract=1300863

Francesca Biondi Dal Monte

Scuola Superiore Sant'Anna di Pisa ( email )

Biblioteca Scuola Superiore Sant'Anna
Piazza Martiri della Liberta, n. 33
Pisa, 56127
Italy

Filippo Fontanelli (Contact Author)

University of Edinburgh - School of Law ( email )

Old College
South Bridge
Edinburgh, EH8 9YL
United Kingdom

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
106
Abstract Views
1,028
rank
285,863
PlumX Metrics