ENDRIZZI v. ITALY - 71660/14 (Judgment : Violation of Article 8 - Right to respect for private and family life (Article 8-1 - Respect for family life)) French Text [2017] ECHR 276 (23 March 2017)

ENDRIZZI v. ITALY - 71660/14 (Judgment : Violation of Article 8 - Right to respect for private and family life (Article 8-1 - Respect for family life)) French Text [2017] ECHR 276 (23 March 2017)

The Court found that Italian authorities failed to take adequate and timely measures to ensure the applicant's right to maintain contact with his son, despite repeated judicial decisions granting visitation. The authorities' actions were insufficient, overly reliant on social services without effective oversight,...

Source-derived case information.

Citation
[2017] ECHR 276
Parties
Applicant: Pierpaolo Endrizzi; Respondent: Republic of Italy
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment
Outcome
Violation of Article 8 ECHR found; application allowed in part.
Legal Topics
Right to Respect for Private and Family Life, Parental Visitation Rights, State Positive Obligations, Child Welfare, Procedural Diligence
Human Rights Law Family Law Right to Respect for Private and Family Life Parental Visitation Rights State Positive Obligations Child Welfare Procedural Diligence

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Parties

Pierpaolo Endrizzi

Applicant

Republic of Italy

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment

  1. 1 Whether Italian authorities violated Article 8 ECHR by failing to ensure the applicant's right to respect for family life and visitation with his child

Ratio Decidendi

The Court found that Italian authorities failed to take adequate and timely measures to ensure the applicant's right to maintain contact with his son, despite repeated judicial decisions granting visitation. The authorities' actions were insufficient, overly reliant on social services without effective oversight, and allowed the mother's opposition to consolidate a de facto situation contrary to judicial orders. This lack of diligence and effective intervention constituted a violation of Article 8 ECHR.

Court Disposition

Violation of Article 8 ECHR found; application allowed in part.

Orders

  • The respondent State must pay the applicant 15,000 EUR for non-pecuniary damage within three months.
  • The respondent State must pay the applicant 2,266.81 EUR for costs and expenses within three months.