GIORGIONI v. ITALY - 43299/12 (Judgment (Merits and Just Satisfaction) : Court (First Section)) French Text [2016] ECHR 756 (15 September 2016)

GIORGIONI v. ITALY - 43299/12 (Judgment (Merits and Just Satisfaction) : Court (First Section)) French Text [2016] ECHR 756 (15 September 2016)

Between August 2006 and November 2010, Italian authorities failed to take adequate and sufficient measures to enforce the applicant's visitation rights, tolerating the mother's obstruction and not acting with the required diligence, thus violating Article 8 ECHR. From November 2010 onwards, authorities took...

Source-derived case information.

Citation
[2016] ECHR 756
Parties
Applicant: Ezio Giorgioni; Respondent: Republic of Italy
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment (merits and Just Satisfaction)
Outcome
Partial finding of violation
Legal Topics
Right to Respect for Family Life, Parental Visitation Rights, Positive Obligations of the State, Procedural Fairness, Best Interests of the Child
Human Rights Law Family Law Right to Respect for Family Life Parental Visitation Rights Positive Obligations of the State Procedural Fairness Best Interests of the Child

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Parties

Ezio Giorgioni

Applicant

Republic of Italy

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment (merits and Just Satisfaction)

  1. 1 Whether Italian authorities violated Article 8 ECHR by failing to ensure the applicant's right to family life through effective enforcement of visitation rights between 2006 and 2010
  2. 2 Whether authorities fulfilled their positive obligations under Article 8 ECHR after November 2010

Ratio Decidendi

Between August 2006 and November 2010, Italian authorities failed to take adequate and sufficient measures to enforce the applicant's visitation rights, tolerating the mother's obstruction and not acting with the required diligence, thus violating Article 8 ECHR. From November 2010 onwards, authorities took reasonable steps to facilitate contact, but the applicant's own refusal to participate in supervised visits meant no further violation occurred.

Court Disposition

Partial finding of violation

Orders

  • The Court finds a violation of Article 8 ECHR for the period August 2006 to November 2010.
  • The Court finds no violation of Article 8 ECHR for the period November 2010 to 2016.