Italy

Direct effect of the European Convention on Human Rights

“…The case law of Italian courts prior to decisions 348/349 had not been uniform on the issue of direct effect of the ECHR and a trend had been emerging of the non-application of domestic legislation which was contrary to the ECHR in Italian municipal and higher courts. 44 The Italian Constitutional Court held that a provision of the ECHR would not automatically suspend contrary domestic provision because of a difference between the EU and the Council of Europe and, accordingly, between EU law and the ECHR. The Constitutional Court found a legal basis for supremacy and direct effects of the EU law in Article 11 of the Constitution which provides that Italy may accept 'limitations of sovereignty necessary for an order that ensures peace and justice among Nations...]'.…”