Decision of the Court of Cassation, VI Criminal Section, No. 46067 of 6 November 2014

With this decision the Court of Cassation has further clarified the effects of so called ‘pilot judgments’ of the European Court of Human Rights in the Italian legal order; an issue already analyzed by the same Court and the Constitutional Court. The Court did not upheld the arguments of the claimant according to which the decision of the European Court in the case Ocalan v. Turkey was to be regarded as a ‘pilot judgment’ and had consequences in Italy, despite it was issued in respect of a country other than Italy, and on substantive issues that were not the same of the case at hand.