Il dialogo tra la Corte di Strasburgo e le Corti italiane. A margine di un recente incontro di studio tra Corte costituzionale e Corte europea dei diritti dell’uomo

“Dialogue between the Court of Strasbourg and the Italian Courts” is the title of a round table held in Rome, on 11 January 2019, involving discussant members from the European Court of Human Rights, the Italian Constitutional Court, the Italian Supreme Court, the Council of State, the Italian Court of Auditors and Italian Council for the Judiciary. The meeting was held considering that Protocol no. 16 of the ECHR recently entered into force (April 2018), giving occasion to discuss the measures taken until now by the Italian Government to give effectivity to the Protocol. This paper resumes all different positions presented by the discussants, all members of the “Highest Courts and Tribunals” who are able to request an advisory opinion to the Court of Strasbourg according to article 1 of Protocol no 16. Speakers have pointed out the straightness of this new mechanism regarding the “dialogue” between European Courts, but also its weakness regarding the drafting of certain obscure formulations and all examined the reasons and risks for diverging jurisprudence in Italy and at the supranational level in sensitive and ethical area, as the same-sex-marriage, the independence of the judiciary and the role of ne bis in idem, one of the main principle of the Italian criminal law system.