Daria Sartori | University of Trento (original) (raw)
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'An International Law Blog’ is a platform that was set up in 2014 to give students and junior aca... more 'An International Law Blog’ is a platform that was set up in 2014 to give students and junior academics the opportunity to discuss issues related to international, transnational, European and comparative law. Peer-reviewed posts are published every Monday, and they cover a variety of topics in these areas.
Papers by Daria Sartori
European Human Rights Law Review, 2023
The fight against the rule-of-law-backsliding in some European states has seen a significant invo... more The fight against the rule-of-law-backsliding in some European states has seen a significant involvement of supra-national courts. Notably, the European Court of Human Rights (ECtHR) and the Court of Justice of the EU (CJEU) have been tasked with numerous questions on the validity of national measures conflicting with European principles and values. A special feature of the jurisprudence thus developed is the innovative use of interim measures. The rule-of-law backsliding has required the ECtHR and the CJEU to embrace a more liberal and powerful stance towards the employment of these tools, which were used to prevent irreversible damages to European values. Yet, compliance of the states with interim measures issued to withstand the rule-of-law backsliding is overall limited due to two externalities: structural gaps in the enforcement of these measures; and a shift in the legal culture in the European landscape. To solve the ineffectiveness of interim measures the respect and diffusion of European values should be strengthened.
Diritto di Difesa, 2021
Il principio di immediatezza, se da un lato mostra, da tempo, di essere in crisi nel nostro ordin... more Il principio di immediatezza, se da un lato mostra, da tempo, di essere in crisi nel nostro ordinamento (quale riflesso di una più generale crisi del processo accusatorio), dall’altro sta vivendo una stagione di grande favore in seno alla giurisprudenza della Corte Europea dei Diritti dell’Uomo, le cui decisioni non potranno (e non dovranno) non avere riflesso in Italia, sia in prospettiva de jure condendo, sia nella prassi applicativa.
In the Italian legal order, the principle of immediacy has been suffering of the more general crisis affecting the adversarial system. However, the same principle is flourishing in the case law of the European Court of Human Rights. This case law cannot (and should not) be ignored by the Italian system, when applying the principle of immediacy or when evaluating legislative reforms.
Tanti ringraziamenti quante le città in cui ho vissuto. A Verona: Valentina ed Epv, per esserci s... more Tanti ringraziamenti quante le città in cui ho vissuto. A Verona: Valentina ed Epv, per esserci sempre stati.
The article examines the ECtHR's attitude towards end-of-life issues. It argues that the Court's ... more The article examines the ECtHR's attitude towards end-of-life issues. It argues that the Court's tendency to limit its review to a procedural dimension is balanced by the importance attributed to 'personal autonomy', and that the limits imposed by most Member States to euthanasia and assistance in suicide are not coherent with the rising European consensus on this value.
The paper analyses the ECtHR's refusal to allow the revision of its 1978 judgment in the case of... more The paper analyses the ECtHR's refusal to allow the revision of its 1978 judgment in the case of Ireland v UK, concerning the use, by British authorities, of ‘disorientation’ or ‘sensory deprivation’ techniques on men detained under emergency powers during Northern Ireland’s civil strife. The revision request aimed at obtaining a new legal qualification of the techniques ("torture", instead of "inhuman and degrading treatment"). The paper is online on An International Law Blog (https://aninternationallawblog.wordpress.com/2018/04/16/the-dismissal-of-the-revision-request-in-the-case-of-ireland-v-uk/)
The present post focuses on the notion of legality developed by the European Court of Human Right... more The present post focuses on the notion of legality developed by the European Court of Human Rights. It considers the peculiar meaning attached by the Strasbourg Court to this general principle, as well as its concrete implications. The paper is online on An International Law Blog (http://aninternationallawblog.wordpress.com/)
The paper focuses on the extension of the notion of ‘private life’ (Article 8 ECHR) to cover cert... more The paper focuses on the extension of the notion of ‘private life’ (Article 8 ECHR) to cover certain rights pertaining not only to sexuality, but also to the legal recognition of post-operative transsexualism. The ECtHR’s case law on this topic is an interesting example of evolutive interpretation, because the inclusion of the rights of transsexuals came as a result of a progressive shift in the European judges’ attitude. Furthermore, the extension has been facilitated by the peculiar notion of ‘private life’, thus demonstrating the connection of evolutive interpretation with the autonomous notion principle. The paper can be found online on An International Law Blog (link provided)
The paper contributes to the debate on the possibility of repealing the Human Rights Act, by disc... more The paper contributes to the debate on the possibility of repealing the Human Rights Act, by discussing its role in relation to recent developments in the case law of the European Court of Human Rights. It can be found online on An International Law Blog (http://aninternationallawblog.wordpress.com/)
The paper deals with the need to overcome res iudicata in order to allow effective reparation for... more The paper deals with the need to overcome res iudicata in order to allow effective reparation for breaches of fair trial (Art 6 ECHR). It describes the Italian Constitutional Court's 2011 intervention, which 'manipulated' Article 630 C.P.P. so as to include in the exceptional cases for review a judgment by the ECtHR. The paper is online on An International Law Blog (http://aninternationallawblog.wordpress.com/)
The paper discusses the final outcome of the case Lambert v France, highlighting the new relation... more The paper discusses the final outcome of the case Lambert v France, highlighting the new relationship established by the Grand Chamber between the right to life and personal autonomy in the context of passive euthanasia. The paper is online on International Law Blog (http://aninternationallawblog.wordpress.com/)
The post deals with the current UK discipline of immigration detention, as applied to asylum-seek... more The post deals with the current UK discipline of immigration detention, as applied to asylum-seekers. It provides a critical analysis in the light of European and international standards, coming to the conclusion that the UK does not comply with many European and international obligations. The paper is online on An International Law Blog (http://aninternationallawblog.wordpress.com/)
The paper describes the legal arguments raised by the parties of the Lambert case at the Grand Ch... more The paper describes the legal arguments raised by the parties of the Lambert case at the Grand Chamber hearing, held on the 7th of January 2015
The post is dedicated to a brief analysis of the ECtHR's case law on euthanasia and assisted suic... more The post is dedicated to a brief analysis of the ECtHR's case law on euthanasia and assisted suicide, in connection with a currently pending case before the Court (Lambert v France). The paper is online on An International Law Blog (http://aninternationallawblog.wordpress.com/)
Book Reviews by Daria Sartori
International Criminal Law Review, 2019
Book review. The book thoroughly covers the main topics currently debated in eu criminal law. It ... more Book review.
The book thoroughly covers the main topics currently debated in eu criminal law. It favours a practical approach, with frequent references to the case law of the Court of Justice of the European Union (CJEU), and to the issues arising from the implementation of existing criminal justice instruments (such as the European arrest warrant) or from the development of new ones (such as the European Investigation Order, or the European Public Prosecutor’s Office).
Therefore, the book is not only a valid tool for academics, but may also serve as a reference for eu practitioners and actors working on amendments or drafting of eu criminal law instruments.
'An International Law Blog’ is a platform that was set up in 2014 to give students and junior aca... more 'An International Law Blog’ is a platform that was set up in 2014 to give students and junior academics the opportunity to discuss issues related to international, transnational, European and comparative law. Peer-reviewed posts are published every Monday, and they cover a variety of topics in these areas.
European Human Rights Law Review, 2023
The fight against the rule-of-law-backsliding in some European states has seen a significant invo... more The fight against the rule-of-law-backsliding in some European states has seen a significant involvement of supra-national courts. Notably, the European Court of Human Rights (ECtHR) and the Court of Justice of the EU (CJEU) have been tasked with numerous questions on the validity of national measures conflicting with European principles and values. A special feature of the jurisprudence thus developed is the innovative use of interim measures. The rule-of-law backsliding has required the ECtHR and the CJEU to embrace a more liberal and powerful stance towards the employment of these tools, which were used to prevent irreversible damages to European values. Yet, compliance of the states with interim measures issued to withstand the rule-of-law backsliding is overall limited due to two externalities: structural gaps in the enforcement of these measures; and a shift in the legal culture in the European landscape. To solve the ineffectiveness of interim measures the respect and diffusion of European values should be strengthened.
Diritto di Difesa, 2021
Il principio di immediatezza, se da un lato mostra, da tempo, di essere in crisi nel nostro ordin... more Il principio di immediatezza, se da un lato mostra, da tempo, di essere in crisi nel nostro ordinamento (quale riflesso di una più generale crisi del processo accusatorio), dall’altro sta vivendo una stagione di grande favore in seno alla giurisprudenza della Corte Europea dei Diritti dell’Uomo, le cui decisioni non potranno (e non dovranno) non avere riflesso in Italia, sia in prospettiva de jure condendo, sia nella prassi applicativa.
In the Italian legal order, the principle of immediacy has been suffering of the more general crisis affecting the adversarial system. However, the same principle is flourishing in the case law of the European Court of Human Rights. This case law cannot (and should not) be ignored by the Italian system, when applying the principle of immediacy or when evaluating legislative reforms.
Tanti ringraziamenti quante le città in cui ho vissuto. A Verona: Valentina ed Epv, per esserci s... more Tanti ringraziamenti quante le città in cui ho vissuto. A Verona: Valentina ed Epv, per esserci sempre stati.
The article examines the ECtHR's attitude towards end-of-life issues. It argues that the Court's ... more The article examines the ECtHR's attitude towards end-of-life issues. It argues that the Court's tendency to limit its review to a procedural dimension is balanced by the importance attributed to 'personal autonomy', and that the limits imposed by most Member States to euthanasia and assistance in suicide are not coherent with the rising European consensus on this value.
The paper analyses the ECtHR's refusal to allow the revision of its 1978 judgment in the case of... more The paper analyses the ECtHR's refusal to allow the revision of its 1978 judgment in the case of Ireland v UK, concerning the use, by British authorities, of ‘disorientation’ or ‘sensory deprivation’ techniques on men detained under emergency powers during Northern Ireland’s civil strife. The revision request aimed at obtaining a new legal qualification of the techniques ("torture", instead of "inhuman and degrading treatment"). The paper is online on An International Law Blog (https://aninternationallawblog.wordpress.com/2018/04/16/the-dismissal-of-the-revision-request-in-the-case-of-ireland-v-uk/)
The present post focuses on the notion of legality developed by the European Court of Human Right... more The present post focuses on the notion of legality developed by the European Court of Human Rights. It considers the peculiar meaning attached by the Strasbourg Court to this general principle, as well as its concrete implications. The paper is online on An International Law Blog (http://aninternationallawblog.wordpress.com/)
The paper focuses on the extension of the notion of ‘private life’ (Article 8 ECHR) to cover cert... more The paper focuses on the extension of the notion of ‘private life’ (Article 8 ECHR) to cover certain rights pertaining not only to sexuality, but also to the legal recognition of post-operative transsexualism. The ECtHR’s case law on this topic is an interesting example of evolutive interpretation, because the inclusion of the rights of transsexuals came as a result of a progressive shift in the European judges’ attitude. Furthermore, the extension has been facilitated by the peculiar notion of ‘private life’, thus demonstrating the connection of evolutive interpretation with the autonomous notion principle. The paper can be found online on An International Law Blog (link provided)
The paper contributes to the debate on the possibility of repealing the Human Rights Act, by disc... more The paper contributes to the debate on the possibility of repealing the Human Rights Act, by discussing its role in relation to recent developments in the case law of the European Court of Human Rights. It can be found online on An International Law Blog (http://aninternationallawblog.wordpress.com/)
The paper deals with the need to overcome res iudicata in order to allow effective reparation for... more The paper deals with the need to overcome res iudicata in order to allow effective reparation for breaches of fair trial (Art 6 ECHR). It describes the Italian Constitutional Court's 2011 intervention, which 'manipulated' Article 630 C.P.P. so as to include in the exceptional cases for review a judgment by the ECtHR. The paper is online on An International Law Blog (http://aninternationallawblog.wordpress.com/)
The paper discusses the final outcome of the case Lambert v France, highlighting the new relation... more The paper discusses the final outcome of the case Lambert v France, highlighting the new relationship established by the Grand Chamber between the right to life and personal autonomy in the context of passive euthanasia. The paper is online on International Law Blog (http://aninternationallawblog.wordpress.com/)
The post deals with the current UK discipline of immigration detention, as applied to asylum-seek... more The post deals with the current UK discipline of immigration detention, as applied to asylum-seekers. It provides a critical analysis in the light of European and international standards, coming to the conclusion that the UK does not comply with many European and international obligations. The paper is online on An International Law Blog (http://aninternationallawblog.wordpress.com/)
The paper describes the legal arguments raised by the parties of the Lambert case at the Grand Ch... more The paper describes the legal arguments raised by the parties of the Lambert case at the Grand Chamber hearing, held on the 7th of January 2015
The post is dedicated to a brief analysis of the ECtHR's case law on euthanasia and assisted suic... more The post is dedicated to a brief analysis of the ECtHR's case law on euthanasia and assisted suicide, in connection with a currently pending case before the Court (Lambert v France). The paper is online on An International Law Blog (http://aninternationallawblog.wordpress.com/)
International Criminal Law Review, 2019
Book review. The book thoroughly covers the main topics currently debated in eu criminal law. It ... more Book review.
The book thoroughly covers the main topics currently debated in eu criminal law. It favours a practical approach, with frequent references to the case law of the Court of Justice of the European Union (CJEU), and to the issues arising from the implementation of existing criminal justice instruments (such as the European arrest warrant) or from the development of new ones (such as the European Investigation Order, or the European Public Prosecutor’s Office).
Therefore, the book is not only a valid tool for academics, but may also serve as a reference for eu practitioners and actors working on amendments or drafting of eu criminal law instruments.
European Convention on Human Rights Law Review, 2023
This book review describes Stevie Martin's excellent book on assisted suicide and the ECHR. Stevi... more This book review describes Stevie Martin's excellent book on assisted suicide and the ECHR.
Stevie Martin’s book argues that the reasoning adopted by the ECtHR in Pretty has never been fully questioned by the literature, nor by the courts of England and Wales. By taking those conclusions for granted, the debate around the blanket ban on assisted suicide has stagnated or wrongly focussed on considerations related to the separation of powers.
The aim of Martin’s book is to give new life to the debate, and she does so by promoting a ‘human rights perspective’.