Scoppola v. Italy (no. 3): The Grand Chamber faces the “constitutional justice vs. individual justice” dilemma (but it doesn’t tell)

This guest post was written by Cesare Pitea, Researcher in International Law (Faculty of Law) and Assistant Professor of Interational Law (Faculty of Political Science), University of Parma (Italy).


1.       Judging in a Heated Political Context

In the Scoppola  v. Italy (no. 3) judgment ([GC], no. 126/05, 22 May 2012),  the third chapter of the “Scoppola Saga” (See Scoppola v. Italy, no. 50550/06, 10 June 2008 and Scoppola v. Italy (no. 2) [GC], no. 10249/03, 17 September 2009), the Grand Chamber of the European Court of Human Rights (the Court) had the chance of reassessing the issue of  prisoners’ deprivation of the right to vote under Art. 3 of Prot. No. 1. Indeed, the 2004 Grand Chamber judgment in Hirst v. the United Kingdom (no. 2) ([GC], no. 74025/01, 30 March 2004) on this very same subject had caused an heated debate between defenders of national sovereignty and subsidiarity (see Lord Hoffman’s critical remarks here) and supporters of a more effective and incisive international judicial review by the Court, causing  an on-going (see the post by L. Peroni and M. Burbergs) tension between the Court and one of its “founding fathers”, the United Kingdom. Echoes of this controversy have recently been heard in Brighton, where at the High-level conference convened by the British Government, the idea of narrowing the Court’s powers of review – inter alia by introducing the notion of the margin of appreciation in the text of the Convention – was initially flagged (see the UK Draft Brighton Declaration) and finally dropped (see the adopted Brighton Declaration).

Continue reading