The Dialogue between the ECHR and the Italian Constitutional Court: The Saga of 'Giem and Others V Italy

LA Sicilianos, I.Motoc, R. Spano, R. Chenal,"Intersecting views on national and international human Rights protection- essays in honour of Guido Raimodi", Forthcoming

9 Pages Posted: 7 Mar 2019

See all articles by Iulia Motoc

Iulia Motoc

European Court of Human Rights

Markos Volikas

London School of Economics & Political Science (LSE) - London School of Economics

Date Written: February 17, 2019

Abstract

Following a series of cases brought against Italy in relation to non-conviction based confiscation, the European Court of Human Rights engaged in a judicial dialogue with the Italian Constitutional Court over the correct interpretation of the European Convention on Human Rights and in particular Article 7. This article elaborates on the background of this dialogue and analyses the European Court's position in its most recent judgement in this saga: GIEM and Others v Italy.

Keywords: human rights, judicial dialogue, European Court of Human Rights, European Convention on Human Rights

Suggested Citation

Motoc, Iulia and Volikas, Markos, The Dialogue between the ECHR and the Italian Constitutional Court: The Saga of 'Giem and Others V Italy (February 17, 2019). LA Sicilianos, I.Motoc, R. Spano, R. Chenal,"Intersecting views on national and international human Rights protection- essays in honour of Guido Raimodi", Forthcoming, Available at SSRN: https://ssrn.com/abstract=3336144 or http://dx.doi.org/10.2139/ssrn.3336144

Iulia Motoc (Contact Author)

European Court of Human Rights ( email )

Strasbourg, Alsace region
France

Markos Volikas

London School of Economics & Political Science (LSE) - London School of Economics ( email )

United Kingdom

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