The Italian Council of State has been dealing both with consultative and jurisdictional functions since the end of the nineteen century. The Strasbourg Court has never had the chance to scrutinise this double competence. On the contrary this Court has done it on the side of the French and the Dutch Councils of State. The actual double function of Italian Council of State does not violate art. 6 §1 of the Convention of Human rights because of the specific nature (“super partes”, neutral) of its consultative function. If a judge had dealt with the same case in consultative section he can always ask for an abstention from judging or could be challenged by the party. On the contrary, some special very important tasks of the member of the Italian Council of State inside the highest departments of public administration could lead to a violation of art. 6 §1 if not carefully ruled.
Il Consiglio di Stato in Italia tra consulenza e giurisdizione alla luce della Convenzione europea dei diritti dell'uomo
PARISIO, Vera
2009-01-01
Abstract
The Italian Council of State has been dealing both with consultative and jurisdictional functions since the end of the nineteen century. The Strasbourg Court has never had the chance to scrutinise this double competence. On the contrary this Court has done it on the side of the French and the Dutch Councils of State. The actual double function of Italian Council of State does not violate art. 6 §1 of the Convention of Human rights because of the specific nature (“super partes”, neutral) of its consultative function. If a judge had dealt with the same case in consultative section he can always ask for an abstention from judging or could be challenged by the party. On the contrary, some special very important tasks of the member of the Italian Council of State inside the highest departments of public administration could lead to a violation of art. 6 §1 if not carefully ruled.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
