L'art. 6 CEDU come parametro di effettività della tutela procedimentale e giudiziale all'interno degli Stati membri dell'Unione europea

Translated title of the contribution: [Autom. eng. transl.] Article. 6 ECHR as a measure of effectiveness of procedural and judicial protection within the Member States of the European Union

Miriam Allena

Research output: Contribution to journalArticlepeer-review

Abstract

The article aims at showing that the fair trial principle laid down by art. 6 of ECHR currently represents, also at EU level, an important parameter to assess whether, in the various national jurisdictions, Administrative Courts are able to ensure effective judicial remedies. Once having addressed the applicability of this principle to Italian administrative procedure as well as to administrative trial and its consequences in the direction of (a wider) scope of judicial review by the Administrative Courts, it is explained that also the EU Court of Justice, in the later years, has looked at the judicial review outlined by the Strasbourg judges as a model to make reference to. In particular, it is showed that in the EU legal system - by now characterized by the incorporation, through art. 47 of the European Charter of fundamental rights, by the guarantees laid down by art. 6 of ECHR as applicable to all subjective positions - the principle of effective judicial remedies has assumed a more well precise content, linked, at first, to the concept of full jurisdiction, as elaborated by the Strasbourg case-law.
Translated title of the contribution[Autom. eng. transl.] Article. 6 ECHR as a measure of effectiveness of procedural and judicial protection within the Member States of the European Union
Original languageItalian
Pages (from-to)267-299
Number of pages33
JournalRIVISTA ITALIANA DI DIRITTO PUBBLICO COMUNITARIO
Volume2012
Publication statusPublished - 2012
Externally publishedYes

Keywords

  • Art. 47 Carta europea dei diritti dell'uomo
  • Art. 47 of the European Charter of fundamental rights
  • Art. 6 CEDU
  • Art. 6 of the European Convention on Human Rights
  • full jurisdiction
  • piena giurisdizione

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