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

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