The Judgment on "G.I.E.M" Case and the Debate Between the European Court of Human Rights and National Courts
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Abstract
This paper aims to analyse the judgment "G.I.E.M v. Italy" of the Grand Chamber of European Court of Human Rights. In particular, it addresses two different aspects: the compatibility of the controversial Italian measure of «confiscation without a formal conviction» with Art. 7 ECHR and the relationship between the European Court and the Italian Constitutional Court.
Keywords
- Confiscation
- Penalty
- Conviction
- Well-established Case Law
- Dialogue Between Courts