![]() The relationship between these two bodies of law is not always clear. ![]() When national courts judge international crimes like genocide, crimes against humanity and war crimes, they can draw on both national and international criminal law. Then, the article contrasts the proposed approach to the bills on the matter pending before the Italian Parliament (IV), and conclu des by arguing that the proposed legislative refor m is advisable both for Euro pean federa lists and for 'Eurosceptics' (V). The thesis is that the only way to comply with Article 46 is to allow a review and an immediate suspension o f the enfo rcement o f a ju dgment, with no conditions and for any kind of proceeding, whenever the Court found it was in violation of the Convention (III). Though recently the courts have started filling this gap in the law (II). ![]() After showing how the way Article 46 is construed influences the protection of fundamental freedoms (I), the article focuses specifically on Italy, that - unlike other countries - has never provided fo r any form of review of its final judgments in order to comply with Article 46. The most relevant provision is Article 46 of the Convention. The article deals with the enforcement of judgments of the European Court of Human Rights in domestic systems, and particularly with the advisability of a provision that allows the review of a final judgment at domestic level when the Court found that judgment in violation of the Convention. The study reveals that a variety of national and international sources co-exist in the corpus and that translation plays a fundamental role in the drafting of supranational case-law, which requires the creation of “stipulative corresponding expressions”. This allowed the retrieval of 401 expressions referring to different Italian SBEs, which were analysed in terms of their frequency, distribution, and linguistic form. To extract Italian SBEs from a corpus of sixteen ECtHR judgments published in English, an innovative methodology was proposed combining event templates with keywords. SBEs are elements originally embedded in a legal and judicial system that are recontextualised in a different legal environment. The linguistic study presented in the second part of the book concerns the presence of Italian national “system-bound elements” (SBEs) in ECtHR case-law. After briefly illustrating the functioning of the ECtHR and its historical development, the first part of the book delves into the Court’s language regime, which consists in the use of only two official languages, i.e. ![]() ![]() The focus of the corpus-based and corpus-driven study presented in this book is on a supranational institution that has received relatively little attention in linguistic research: the European Court of Human Rights (ECtHR). ![]()
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