
Contents
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Introduction Untangling the Domestic Implementation of the European Court of Human Rights' Judgments
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The Integration of the ECHR into the Domestic System The Integration of the ECHR into the Domestic System
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Infringements of the ECHR by Italy Infringements of the ECHR by Italy
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Legal Reforms Prompted by ECtHR Case Law and Ongoing Challenges Legal Reforms Prompted by ECtHR Case Law and Ongoing Challenges
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National Actors and Institutions Involved in Implementation National Actors and Institutions Involved in Implementation
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Conclusions Conclusions
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Notes Notes
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4 European Human Rights Case Law and the Rights of Homosexuals, Foreigners and Immigrants in Austria
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2 Between Political Inertia and Timid Judicial Activism: The Attempts to Overcome the Italian ‘Implementation Failure’
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Published:April 2013
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Abstract
This chapter examines the domestic consequences of the ECtHR's judgments in the most problematic areas that have generated a large volume of case law against Italy, such as fair trial and length of proceedings, property rights, and the right to family and private life. It argues that the ineffective and delayed implementation of the ECtHR's judgments in Italy has been due to factors concerning the legal system as well as the cultural attitude of the Italian politicians and the civil society. In spite of the persistent failure of Italian authorities to undertake effective legal and judicial reform in response to the major violations of the ECHR (like those regarding Art. 6 ECHR), the past couple of years have seen renewed and more determined efforts in this regard. These have gone hand in hand with greater receptivity of the Convention and its binding quality. Especially important has been the role of the national higher courts, which have sought to partly counterbalance the political inertia to enforce Strasbourg Court judgments, even if they have done so by exercising substantial self-restraint.
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