Decree of the Court of Rome, Preventive Measures Section, No. 30 of 3 April 2017

The Court of Rome decided on a request from the Public Prosecutor’s Office of Tivoli concerning the application of a preventive measure of special surveillance for public security. The Court took into consideration the principles set out in the decision of the Grand Chamber of the ECHR Court on the case de Tommaso v. Italy (23 February 2017) and the fact that national law provisions are, possibly, in conflict with that decision. However, the Court found it possible to solve the conflict via interpretation, so that submitting the issue to the Constitutional Court for suspected violation of the ECHR was not necessary.

  • See also:

    Judgment of the European Court of Human Rights, Grand Chamber, 23 February 2017, de Tommaso v. Italy; Decree of the Court of Milan, Autonomous Section on Preventive Measures, No. 13 of 7 March 2017; Order of the Court of Appeal of Naples, VIII Criminal Section, 15 March 201; Decree of the Court of Palermo, I Criminal Section – measures of prevention, 28 March 2017; Order of the Court of Udine, Criminal Section, 4 April 201; Decision of the Court of Cassation, United Criminal Sections, No. 40076 of 27 Avril 2017; Decree of the Court of Palermo, I Criminal Section – preventive measures, 16-29 May 2017; Decree of the Court of Palermo, I Section on Preventive Measures, No. 62 of 1 June 2017; Order of the Court of Cassation, II Criminal Section, No. 49194 of 25 October 2017

  • Original language: Italiano