La Corte di Strasburgo quale garante del giusto processo

Translated title of the contribution: [Autom. eng. transl.] The Strasbourg Court as guarantor of fair trial

Giulio Ubertis

Research output: Contribution to journalArticle

Abstract

[Autom. eng. transl.] Although referred to in the preamble to art. 2 law-delegation cpp, only with sent. cost. 348 and 349 of 2007 there was the general recognition in our legal system of the internationalistic source on human rights as an interposed rule; nor can it be ignored that the entry into force of the Lisbon Treaty could give the European Convention on Human Rights the status and force of Community law. In the meantime, the powers of the European Court of Human Rights have been progressively expanded, to whose provisions the effect of what is judged interpreted is assigned. The function of the Strasbourg Court to guarantee the requirements of a fair trial, on the one hand, does not imply the obligation to lower the level of implementation for the states that most exalt some aspect of it (as happens for the regulation of the contradictory in our code of criminal procedure) and, for the other, does not allow a reduction in the innovative scope of the judgments of the same Court, when they detect non-compliance in the national system (as is the case for the Italian regulation of unilateral declarations).
Translated title of the contribution[Autom. eng. transl.] The Strasbourg Court as guarantor of fair trial
Original languageItalian
Pages (from-to)371-375
Number of pages5
JournalDIRITTO PENALE E PROCESSO
Publication statusPublished - 2010

Keywords

  • Adversary system
  • Contraddittorio
  • Diritti umani
  • Fair trial
  • Giusto processo
  • Human rights
  • Testimonianza
  • Testimony

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