Ricorsi individuali e casi interstatali nella pratica passata e recente della Corte europea dei diritti dell’uomo

• ANDREA CANNONE ^[1]
  1. [1] Università degli Studi di Bari “Aldo Moro”
• Localización: Ordine Internazionale e Diritti Umani, ISSN-e 2284-3531, Nº. 3, 2022, págs. 581-607
• Idioma: italiano
• Títulos paralelos:
  • Individual applications and interstate cases in the past and recent practice of the european court of human rights
• Enlaces
  • Texto completo (pdf)
• Resumen

  • The practice of the European Court of Human Rights is examined given the growing numbers of interstate cases and individual applications related. The solutions adopted are admissibility of the individual applications related to interstate cases even if the same violations have been examined in the interstate case, prioritization of the interstate cases adjourning linked individual applications not declared inadmissible or struck out at the outset, sums awarded as just satisfaction to individual applicants aligned to sums awarded in the antecedent interstate judgment when the violations are the same and not perfectly corresponding to the subsequent interstate judgment on just satisfaction when the violations are not perfectly corresponding. In the supervision of the execution of judgments of individual applications related to interstate cases the Committee of Ministers, avoiding a duplication of examination, has followed the practice to examine general measures in the context of the surveillance of the interstate judgment. The author suggests the pilot judgment procedure as a tool to manage the great number of individual applications related to interstate cases before adjurned, subject to the ending of the administrative practice with sufficient assurance of non repetition, thus making possible the solution of systemic problems in postconflict situations. After a short description of the proposals contained in the Elements for the draft CDDH Report on the effective processing and resolution of cases related to inter-State disputes to be submitted to the Steering Committee for Human Rights of the Council of Europe a conclusion is drawn that not abiding the judgments in the interstate cases and in individual applications denotes a political will which nullifies the work of the Court and the victim’s expectations.