Mario Midiri

The ECHR in Parliament

  • Abstract

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The article sets out from the premise that the main issues relating to the ECHR in the recent debate have been the use by the courts of the principles of the European Convention and the non application of incompatible domestic rules. Less attention has been given to parliamentary monitoring of the case law of Strasbourg and to the adoption of measures suitable for removing the structural causes of the violation of the ECHR. In the author's view, 'preventive' remedies and those of a 'compensatory' nature instead must coexist, complementing each another. The article focuses on these latter aspects from the standpoint of the compliance of the domestic legal system to the Convention (Art. 46), which has the value of a constitutional obligation in light of Art. 117(1) of the Constitution.

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