Order of the Court of Appeal of Naples, VIII Criminal Section, 15 March 2017

The Court of Appeal of Naples submitted to the Constitutional Court an issue of constitutional legitimacy concerning special preventive measures to the extent they affect some individual rights and freedoms (Articles 1, 3 and 5 of Law No. 1423/1956 and Article 19 of Law No. 152/1975, transposed in Articles 1, 4.1, lett. c), 6 and 8 of the legislative decree No. 159/2011). In the case De Tommaso v. Italy (Decision of the Grand Chamber of 23 February 2017), the ECHR ruled that those measures were not clear and precise in content and, thus, inconsistent with Article 2 (Freedom of movement) of the ECHR Protocol No. 4 and Article 1 (Protection of property) of the ECHR Protocol No. 1. Unlike other Italian courts, the Court of Appeal deemed it had a duty to conform with the ruling of the ECHR Court on the case de Tommaso, and thus to defer the question to the Constitutional Court for solution.