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Italian Yearbook of Human Rights 2012

Series:

Edited By Centro interdipartimentale di ricera

The Italian Yearbook of Human Rights 2012 confirms and consolidates the structure and aims already set forth in the 2011 edition. Year by year, this series examines the steps that Italy has made to adapt its legislation and policies to international human rights law and to comply with commitments voluntarily assumed by the Italian Government at the international level.
The 2012 issue surveys the activities of the relevant national and local Italian actors, including governmental bodies, civil society organisations and university. It also presents reports and recommendations that have been addressed to Italy by international monitoring bodies within the framework of the United Nations, the Council of Europe or the European Union. Finally, the Yearbook provides a selection of international and national case-law that casts light on Italy’s position vis-à-vis international obligations.
The Italian Agenda of Human Rights that is set out in the volume focuses on immediate and long-term measures that should be taken to ensure human rights for all.
The Yearbook is edited by the Interdepartmental Centre for Human Rights and the Rights of Peoples at the University of Padua, in cooperation with the UNESCO Chair in Human Rights, Democracy and Peace at the same University. The Centre, established in 1982 with the support of the Region of Veneto, carries out research and education following a global and interdisciplinary approach. It hosts the Jean Monnet Centre of Excellence on intercultural dialogue and human rights.

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PART IV. NATIONAL AND INTERNATIONAL CASE-LAW

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PART IV NATIONAL AND INTERNATIONAL CASE-LAW 299 Human Rights in Italian Case-law Part IV presents a selection of the case-law of the Constitutional Court, the Court of Cassation and the Administrative Courts (Council of State and the regional administrative courts [TARs]), as well as a selec- tion of judgements of ordinary courts, published during 2011. This Part also presents the cases ruled by the European Court of Human Rights (ECtHR) in which Italy was the defendant, and some other cases direct- ly related to Italy decided by the Court of Justice of the European Union (ECJ). Continuing the approach taken in the 2011 Yearbook, the selection of issues and related law cases handled by the Italian courts does not purport to be exhaustive. It mainly focuses on decisions in which explic- it reference is made to international human rights law and in particular to the European Convention on Human Rights (ECHR). Accordingly this section is divided into three parts – one devoted to Italian case-law, one devoted to Italy before the Strasbourg Court and a third part devoted to the ECJ. All three parts are closely related to one another. In 2011 too the positive trend continued in domestic courts, starting with the Constitutional Court, to resort extensively and expressly to sources of international human rights law. International norms are applied, both independently and as “intermediate rules” integrating the parameter of constitutionality under which to verify the legitimacy of domestic piece of legislation. As for the so called “communitarisation” of international...

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