CASE COMMENT: PROCEDURES - ARTICLE 6 §1 ECHR - REAL JURISDICTIONAL CONTROL
Real jurisdictional control: The Strasbourg Court adopts a minimum conception of the condition of full jurisdiction characterizing a real jurisdictional control within the meaning of Article 6 § 1 ECHR (A. Menarini Diagnostics v. Italy)
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On 27 September 2011, the European Court of Human Rights was called upon to decide on the conformity of the judicial review carried out by the Italian administrative courts on contentious decisions leading to sanctions by the Autorità Garante della Concorrenza e del Mercato (AGCM) with Article 6, § 1, ECHR, which guarantees to any person that his case will be given a fair hearing by an independent and impartial tribunal. In a nutshell, judicial review by the courts Italian administrative decisions on the contentious decisions of the Authority Is Garante della Concorrenza e del Mercato sufficient in terms of Article 6(1) ECHR?
The applicant, A. Menarini
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