Il contrastato recepimento in Italia del Protocollo n. 16 alla Cedu : cronaca di un rinvio

The recent decision to postpone the ratification of Protocol n. 16 was preceded by a controversial debate that took place in several parliamentary hearings: the main arguments alleged against ratification were the extension of reasonable length of proceedings and the risk to turn the Strasbourg judge into a “European Constitutional Supreme Court”. The paper tries to demonstrate that these dangers are overestimated and supports the idea that the new mechanism could strengthen virtuous forms of cooperation between judges, allowing in particular to bring to the attention of the Court of Strasbourg interpretative questions that move and take into account the specificities of Italian legal system.