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Antonetto v. Italy

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image of Human Rights Case Digest

The right to a court would be illusory if the internal legal order of a State permitted a definitive and obligatory judicial decision to remain inoperative to the detriment of a party. The execution of a judgment or decision is an integral part of the case. The effective protection of justice and the re-establishment of legality require the administration to comply with a decision pronounced by a supreme administrative tribunal. Moreover, the necessity to search for a fair balance between the requirements of the general interest of the community and the imperative to safeguard the fundamental right of the individual to respect for property must be based on the interference in question respecting the principle of legality and not being arbitrary. The refusal of national authorities to execute a judicial decisions on no legal basis excuses a need to determine a fair balance.


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