Relationship between Municipal and International Law: Domestic Bodies on the Same Page: The Corte di Cassazione Extends the "European revision" to ECHtR Decisions under Article 37(1) ECHR

Abstract

The judgment at hand can be regarded as a milestone in the long path of how the Italian legal order conforms to the rulings of the European Court of Human Rights (from now on, “ECtHR” or simply “Court”), as for the first time the Corte di Cassazione envisaged the possibility of reopening domestic proceedings following not a final judgment rendered by the ECtHR, but a decision striking out an application in light of the Italian Government’s explicit acknowledgment of a violation, in the absence of adversarial proceedings.