CAPONETTO v. ITALY - 61273/10 - Committee Judgment (French text) [2014] ECHR 481 (13 May 2014)

CAPONETTO v. ITALY - 61273/10 - Committee Judgment (French text) [2014] ECHR 481 (13 May 2014)

The legislative intervention, which retroactively resolved the substance of the dispute between the applicant and the State, was not justified by imperative reasons of public interest and violated the applicant's right to a fair trial under Article 6 § 1 of the Convention.

Source-derived case information.

Citation
[2014] ECHR 481
Parties
Applicant: Rosa Caponetto; Respondent: Republic of Italy
Jurisdiction
European Union
Procedural Posture
Human Rights Application / Final Judgment
Outcome
violation found
Legal Topics
Right to Fair Trial, Public Sector Employment, Retroactive Legislation
Human Rights Employment Law Right to Fair Trial Public Sector Employment Retroactive Legislation

Source-derived case record

Summary, issues, holding and outcome

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Parties

Rosa Caponetto

Applicant

Republic of Italy

Respondent

Procedural Posture

Human Rights Application / Final Judgment

  1. 1 Whether legislative intervention during pending proceedings violated the applicant's right to a fair trial under Article 6 § 1 of the Convention

Ratio Decidendi

The legislative intervention, which retroactively resolved the substance of the dispute between the applicant and the State, was not justified by imperative reasons of public interest and violated the applicant's right to a fair trial under Article 6 § 1 of the Convention.

Court Disposition

violation found

Orders

  • State must pay applicant 1,000 EUR for costs and expenses within three months, plus any applicable taxes.
  • Interest at the marginal lending facility rate of the European Central Bank plus three percentage points applies after three months until payment.