Decision of the Court of Cassation, I Criminal Section, No. 37577 of 12 September 2014

The Court of Cassation rejected the recourse against the conviction of the claimants for the offense set out in Article 5 of law No. 645 of 1952 (with subsequent modifications) banning the reorganization of the fascist party. Some restrictions in freedom of expression are admitted also under Article 10 of the ECHR; in the Italian legal order restrictions are possible if aimed at preventing or repressing conducts in breach of the fundamental principles of the Constitution, as protected, also, by the ECHR and the EU Charter of Fundamental Rights.