Search results for "civil and administrative proceeding"

Il mito del giudicato civile e amministrativo alla prova degli obblighi internazionali di restitutio in integrum

2019

The principles of res judicata and legal certainty in terminated civil and administrative proceedings often clash with the obligation of restitutio in integrum stemming from the violation of international law, namely of human rights provisions such as the European Convention on Human Rights (ECHR). Frequently, the European Court on Human Rights indicates the re-opening of terminated proceedings as (one of) the most appropriate form for redress. The Italian Constitutional Court, however, has recently held that the lack of specific clauses allowing for the re-opening of civil and administrative proceedings which have resulted in the violation of the ECHR does not contravene the Constitution. …