Case note: Corte Costituzionale, 21 September 2016, No. 219, Comune di San Ferdinando di Puglia v. Presidenza del Consiglio dei Ministri and Ministero dell’economia e delle finanze

Decision no. 219/2016 of the Italian Corte Costituzionale provides interpretive guidance on the exercise of the right of redress by the central administration against local authorities responsible for breaches of the European Convention on Human Rights involving the state financial liability. The court was seized by the Tribunale di Bari, questioning the constitutionality of the right of redress (as enshrined in Article 16-bis(5) of Law No. 11/2005) with several constitutional provisions, most notably the standard of reasonableness drawn from Article 3 and the right of defence under Article 24 of the Italian Constitution. Dismissing the claim, the Corte Costituzionale pointed to local authorities' responsibility, required by Law 11/2005, as a condition for exercise of the right of redress. Since assessment of local responsibility must take place at domestic level, the right of defence is not violated by local authorities' lack of standing before the European Court of Human Rights.