The decision concerns the internal effects of the ECHR Court’s decision on the case Grande Stevens v. Italy (2014), ruling that certain administrative sanctions provided for in the Italian legal order amount, for their substance, to criminal sanctions. Imposing such sanctions to a same person and for the same facts in addition to criminal ones is in breach of the ‘ne bis in idem’ principle, under Protocol No. 7 to the ECHR. The Court of Cassation clarified that, under the above principles, a violation of the Protocol occurs only after the decision imposing the administrative sanctions has become final.
Judgment of the European Court of Human Rights, II Section, 4 March 2014, Grande Stevens and others v. Italy. Decision of the Court of Cassation, III Criminal Section, No. 25815 of 21 April 2016