D'ALCONZO v. ITALY - 64297/12 (Judgment (Merits and Just Satisfaction) : Court (First Section)) French Text [2017] ECHR 204 (23 February 2017)

D'ALCONZO v. ITALY - 64297/12 (Judgment (Merits and Just Satisfaction) : Court (First Section)) French Text [2017] ECHR 204 (23 February 2017)

The Court found a violation of Article 8 due to unjustified delays in the criminal proceedings against the applicant, which had a direct and detrimental impact on his right to family life, as the authorities failed to act with the required diligence and speed. However, from May 2014 onwards, the authorities took...

Source-derived case information.

Citation
[2017] ECHR 204
Parties
Applicant: Giuseppe D'Alconzo; Respondent: Republic of Italy
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment (merits and Just Satisfaction), First Section
Outcome
Partly allowed
Legal Topics
Right to Respect for Family Life, Parental Rights, Child Custody, Procedural Delay, Positive Obligations of the State
Human Rights Law Family Law Right to Respect for Family Life Parental Rights Child Custody Procedural Delay Positive Obligations of the State

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Parties

Giuseppe D'Alconzo

Applicant

Republic of Italy

Respondent

Procedural Posture

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

  1. 1 Whether the duration of the criminal proceedings against the applicant violated his right to respect for family life under Article 8 ECHR
  2. 2 Whether the measures taken by the authorities to facilitate contact between the applicant and his children were adequate under Article 8 ECHR

Ratio Decidendi

The Court found a violation of Article 8 due to unjustified delays in the criminal proceedings against the applicant, which had a direct and detrimental impact on his right to family life, as the authorities failed to act with the required diligence and speed. However, from May 2014 onwards, the authorities took adequate and reasonable measures to facilitate contact between the applicant and his children, given the complex family situation and lack of cooperation from the mother and children, thus no violation occurred on this point.

Court Disposition

Partly allowed

Orders

  • The Court declares the application admissible.
  • The Court finds a violation of Article 8 ECHR regarding delays in the criminal proceedings.