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Italian Yearbook of Human Rights 2011

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Edited By Centro interdipartimentale di ricera

The legal and political significance of human rights has increased enormously all over the world. The Italian Yearbook of Human Rights 2011 provides a dynamic picture of laws, institutions, policies and case law that have implemented international human rights norms in Italy over the past few years, particularly in 2010. The volume has four main sections, which concern respectively: Italy’s adaptation to international human rights law; the human rights infrastructure both at national and sub-national levels; Italy in dialogue with the international machinery; and national, European and international case law.
The Yearbook is the first volume in a series edited by the Centre for Human Rights and the Rights of Peoples of the University of Padua, in cooperation with the UNESCO Chair in Human Rights, Democracy and Peace at the same University. The Centre, founded in 1982 with the support of the Region of Veneto, carries out research and training programmes according to an interdisciplinary approach. It hosts the Jean Monnet Centre of Excellence on intercultural dialogue and human rights and edits the quarterly journal Pace diritti umani/Peace human rights. The Centre also works in cooperation with the European Commission, the Council of Europe, the United Nations High Commissioner for Human Rights and UNESCO, as well as with civic organizations, schools and local authorities.
The editors of the Italian Yearbook of Human Rights 2011 include Andrea Cofelice, Pietro De Perini, Paola Degani, Paolo De Stefani, Marco Mascia, Antonio Papisca (coordinator) and Claudia Pividori.

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PART IV. NATIONAL AND INTERNATIONAL CASE-LAW

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PART IV NATIONAL AND INTERNATIONAL CASE-LAW 255 Human Rights in Italian Case-law Part IV presents a selection of the case-law produced by the Italian Constitutional Court, the Court of Cassation and the Council of State (the highest administrative court) during the year 2010 which closely involves issues linked to internationally recognised human rights. The Italian case-law discussed in the first section is complemented in the second section by a systematic review of the European Court of Human Rights decisions adopted in 2010 involving Italy as the responding State. As already mentioned in relation to Italian law (Part I, International Human Rights Instruments, IV), the selection of topics and case-law relating to human rights dealt with by Italian courts and published during 2010, is in no way exhaustive. Indeed, the issues that may have direct or indirect impact on the enjoyment of human rights are numer- ous. The judicial cases reviewed here have been selected according to the presence, in the final judgement settling the dispute, of explicit references to international human rights norms such as the European Convention on Human Rights (ECHR). This methodological choice renders the two parts of present section, the one on the Italian case-law and other on Italy’s standing before the Strasbourg Court, strictly inter- connected. In the case-law of the Italian courts, including the Constitutional Court, the number of references to the sources of International human rights law has steadily increased. This reflects a growing willingness, on the part of the Italian judiciary system, to...

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