Il ricorso straordinario per eseguire le sentenze della Corte EDU

The article outlines the main aspects of the new extraordinary appeal for the execution of European Court of Human Rights judgements, as introduced by Legislative Decree 150/2022. With the drafting of article 628-bis c.p.p., the so called “Riforma Cartabia” has, in fact, embedded within the current penal system a unitary remedy entrusted to the competence of the Supreme Court to follow up on the sentences handed down by Strasbourg Court. The present essay highlights how this change, on one hand, will contribute to the consolidation of a genuinely integrated system for protecting fundamental rights and how, on the other hand, it will open up unprecedented prospects regarding the evolutionary trends of the “de legitimitate” review