NICOLÒ SANTILLI v. ITALY - 51930/10 - Chamber Judgment (French Text) [2013] ECHR 1301 (17 December 2013)

NICOLÒ SANTILLI v. ITALY - 51930/10 - Chamber Judgment (French Text) [2013] ECHR 1301 (17 December 2013)

The Court found that the Italian authorities failed to take adequate and sufficient measures to ensure the applicant's right to respect for family life, as required by Article 8 of the Convention. The authorities' response was limited to repeated injunctions without practical steps to enforce visitation or provide...

Source-derived case information.

Citation
[2013] ECHR 1301
Parties
Applicant: Nicolò Santilli; Respondent: Republic of Italy
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Chamber Judgment
Outcome
Application partly allowed
Legal Topics
Right to Respect for Family Life, Parental Visitation Rights, State Positive Obligations, Effective Remedies, Duration of Proceedings
Human Rights Law Family Law Right to Respect for Family Life Parental Visitation Rights State Positive Obligations Effective Remedies Duration of Proceedings

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Parties

Nicolò Santilli

Applicant

Republic of Italy

Respondent

Procedural Posture

Application to the European Court of Human Rights / Chamber Judgment

  1. 1 Whether the Italian authorities failed to take adequate and sufficient measures to ensure the applicant's right to respect for family life under Article 8 of the Convention
  2. 2 Whether there was an effective remedy as required by Article 13 of the Convention
  3. 3 Whether the length of proceedings violated Article 6 § 1

Ratio Decidendi

The Court found that the Italian authorities failed to take adequate and sufficient measures to ensure the applicant's right to respect for family life, as required by Article 8 of the Convention. The authorities' response was limited to repeated injunctions without practical steps to enforce visitation or provide psychological support, resulting in irreparable harm to the applicant's relationship with his son. The remedies available in Italian law were deemed effective in principle, so there was no violation of Article 13. The complaint under Article 6 § 1 was inadmissible for non-exhaustion of domestic remedies.

Court Disposition

Application partly allowed

Orders

  • The Court declared the application admissible as to Articles 8 and 13 and inadmissible as to the remainder.
  • Found a violation of Article 8 of the Convention.