Saturday, 19 December 2009

Italian Constitutional Court sticks two fingers up at ECHR

Just spotted this from Gerald Warner in the Telegraph:
The first blow has been struck against the encroaching tyranny of the European Union and it is a significant one. In fact, one member state has defiantly drawn a line in the sand and signalled that it will not tolerate erosion of its sovereignty. Although it attracted little attention when it was published last month, now that commentators have had an opportunity to analyse Sentenza N. 311 by the Italian Constitutional Court, its monumental significance in rolling back the Lisbon Treaty is now being appreciated.

The Constitutional Court ruled baldly that, where rulings by the European Court of Human Rights (ECHR) conflict with provisions of the Italian Constitution, such decrees “lack legitimacy”. In other words, they will not be enforced in Italy. Although this judgement related to issues concerning the civil service, the universal interpretation is that the ECHR’s aggressive ruling in Lautsi v Italy, seeking to ban crucifixes from Italian classrooms, shortly before, was what concentrated the minds of the judges in the Italian Supreme Court.

I haven't time at the moment to comment in detail, but this is an interesting development, will it embolden Ireland who also face a challenge to their constitution and also the UK with the ECHR judgment over prisoner voting rights?

One to watch.

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