Journal title DIRITTI UMANI E DIRITTO INTERNAZIONALE
Author/s Stefano Dorigo, Pietro Pustorino
Publishing Year 2009 Issue 2009/1 Language Italian
Pages 26 P. 85-110 File size 218 KB
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Right to a fair trial and reopening of the criminal proceedings: the judgment of the Constitutional Court on Dorigo Case - The work is a critical comment to the judgment of the Italian Constitutional Court of 30 April 2008, n. 129, on the reopening of the criminal proceedings requested by the European Court of Human Rights. The work begins dealing deeply with the problem of the customary nature in international law of the right to a fair trial and the consequent possibility to invoke, in the framework of the Italian national system, Article 10, paragraph 1, of the Constitution. The authors suddenly stress the relevance of other constitutional norms in order to recognize a constitutional or quasi-constitutional rank to the norms of the European Convention on Human Rights, demonstrating that the Italian Constitution offers several possibilities on the matter. A very recent judgment of the Court of Cassation, adopted on 11 December 2008, confirms this opinion interpreting the Italian norms on the reopening of the criminal proceeding on the basis of Articles 111 and 117 of the Constitution.
Stefano Dorigo, Pietro Pustorino, Diritto a una tutela giurisdizionale effettiva e revisione dei processi penali: la Corte costituzionale e il caso Dorigo in "DIRITTI UMANI E DIRITTO INTERNAZIONALE" 1/2009, pp 85-110, DOI: 10.3280/DUDI2009-001004