Motoc & Volikas: The Dialogue between the ECHR and the Italian Constitutional Court: The Saga of “GIEM and Others v Italy”

Iulia Motoc (Judge, European Court of Human Rights) & Markos Volikas (London School of Economics) have posted The Dialogue between the ECHR and the Italian Constitutional Court: The Saga of “GIEM and Others v Italy” (in Intersecting views on national and international human Rights protection- essays in honour of Guido Raimodi, L.A. Sicilianos, I. Motoc, R. Spano, & R. Chenal eds., forthcoming). Here's the abstract:

Following a series of cases brought against Italy in relation to non-conviction based confiscation, the European Court of Human Rights engaged in a judicial dialogue with the Italian Constitutional Court over the correct interpretation of the European Convention on Human Rights and in particular Article 7. This article elaborates on the background of this dialogue and analyses the European Court's position in its most recent judgement in this saga: GIEM and Others v Italy.