Res Iudicata in Breach of the ECHR:
The Italian Constitutional Court’s Point of View

by Carlo Petta

In the judgment no 123 of 2017 the Italian Constitutional Court declared inadmissible the question of constitutionality stemming from a Code of Administrative Procedure provision (Art 106) in the part in which it does not provide for the possibility to review a ruling in cases of conflict between domestic judgments and judgments of the Court of Strasbourg. The paper firstly introduces the obligation of the Contracting States to conform their legal systems to judgments of the Court of Strasbourg (according to Arts 46, para 1, and 41 of the ECHR). Secondly, it focuses on the case-law and the systematic evolution that has recently led to overcome national res iudicata, especially in case of conflict between criminal judgments. Thirdly, the paper proceeds to analyse the arguments of decision no 123 of 2017, which will lastly be the subject of some final considerations. The author, similarly to the ruling of the Constitutional Court, duly considers the jurisprudence of the European Court of Human Rights and the legal systems of the main continental systems referred.

DOI 10.23815/2421-2156.ITALJ           ISSN 2421-2156

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