ALBANESE AND OTHERS v. ITALY - 38583/13 (Article 6 - Right to a fair trial : First Section Committee) French Text [2024] ECHR 369 (25 April 2024)

ALBANESE AND OTHERS v. ITALY - 38583/13 (Article 6 - Right to a fair trial : First Section Committee) French Text [2024] ECHR 369 (25 April 2024)

The legislative intervention by Italy, through Article 1(207) of Law No. 266/2005, constituted unjustified interference by the legislature in the administration of justice, as it retroactively determined the outcome of pending litigation without compelling public interest or exceptional circumstances, violating...

Source-derived case information.

Citation
[2024] ECHR 369
Parties
Applicant: Paolo Albanese and 62 others; Respondent: Italy
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment by First Section Committee
Outcome
Violation of Article 6 §1 ECHR; no violation of Article 1 Protocol No. 1; partial award of damages and costs.
Legal Topics
Right to a Fair Trial, Retroactive Legislation, Protection of Property, Public Sector Employment, Social Security Contributions
Human Rights Law Labour Law Administrative Law Right to a Fair Trial Retroactive Legislation Protection of Property Public Sector Employment Social Security Contributions

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Parties

Paolo Albanese and 62 others

Applicant

Italy

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment by First Section Committee

  1. 1 Whether retroactive legislative intervention violated Article 6 §1 ECHR (right to a fair trial)
  2. 2 Whether the same intervention violated Article 1 of Protocol No. 1 (protection of property)

Ratio Decidendi

The legislative intervention by Italy, through Article 1(207) of Law No. 266/2005, constituted unjustified interference by the legislature in the administration of justice, as it retroactively determined the outcome of pending litigation without compelling public interest or exceptional circumstances, violating Article 6 §1 ECHR.

Court Disposition

Violation of Article 6 §1 ECHR; no violation of Article 1 Protocol No. 1; partial award of damages and costs.

Orders

  • Italy to pay each applicant the amount specified in the annex for pecuniary and non-pecuniary damage, plus any tax due.
  • Amounts unpaid after three months to accrue simple interest at the ECB marginal lending rate plus three percentage points.