The Italian Platform for the Humanities and Social Sciences
Maria Luisa Padelletti
The Reform of the Statute of Limitations and Possible Effects on the Rights of the Accused and the Offended Person: Some Reflections in Light of the European Convention on Human Rights
Keywords: statute of limitations; ECHR; reasonable duration of proceeding; due process; human rights; international crimes.
The article addresses the reform of the statute of limitations in light of the case law of the European
Court of Human Rights. After discussing the role played by the statute of limitations in civil and
criminal proceedings, the author specifically focuses on the questions relating to the reasonable duration
of trials and to the need to balance the rights of the victim and those of the accused person.
The author rules out the possibility of using the statute of limitations as a ‘compensation’ for possible
infringements on the principle of reasonable duration of proceedings. She also maintains that the
Strasbourg case-law should not be used as a systematic reference framework for the reform of the
statute of limitations.