BUSSIO AND OTHERS v. ITALY (European Court of Human Rights)

Last Updated on April 24, 2019 by LawEuro

Communicated on 9 January 2019

FIRST SECTION

Application no.6561/10
Vanda ZoiaBUSSIO and Others
against Italy
lodged on 24 November 2009

SUBJECT MATTER OF THE CASE

The applicants complain that Section 6 of Law no. 14/1985, as interpreted by Law no. 244/2007, constituted a legislative interference with pending proceedings which was in breach of their fair trial rights under Article 6.

QUESTION tO THE PARTIES

Did the applicants have a fair hearing in the determination of their civil rights and obligations, in accordance with Article 6 § 1 of the Convention? In particular, was there an interference by the legislature with the administration of justice designed to influence the judicial determination of a dispute? If so, was the interference based on compelling grounds of general interest? Lastly, was the interference compatible with the principles of legal certainty (see ex multis, Zielinski and Pradal and Gonzalez and Others v. France [GC], nos. 24846/94 and 34165/96 to 34173/96, § 57, ECHR 1999‑VII,Agrati and Others v. Italy, nos. 43549/08 and 2 others, § 58, 7 June 2011, and Maggio and Others v. Italy, nos. 46286/09 and 4 others, § 45, 31 May 2011)?

INFORMATION SOUGHT

The parties are invited to indicate, by explaining the calculation methods employed:

• the amount that should have been perceived by the applicants, in the absence of the law in question, from the date of their retirement until now ;
• the amount actually perceived by the applicants from the date of their retirement until now.

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