Please use this identifier to cite or link to this item: http://arl.liuc.it/dspace/handle/2468/6615
Title: The ECHR grand chamber's judgment in the Naït-Liman case: an unnecessary clarification of the reach of forum necessitatis jurisdiction?
Authors: La Manna, Mariangela
Issue Date: 2019
Publisher: Wolters Kluwer
Bibliographic citation: La Manna Mariangela (2019), The ECHR grand chamber's judgment in the Naït-Liman case: an unnecessary clarification of the reach of forum necessitatis jurisdiction?. In: Rivista di diritto internazionale privato e processuale, vol. 55, n. 2, aprile-giugno 2019, p. 349-382. ISSN 0035-6174.
Abstract: The Grand Chamber judgment in the Naït-Liman v. Switzerland case is certainly a much anticipated one. Its outcome had, however, long been foreshadowed by commentators and practitioners alike. The decision confirmed the 2016 Chambers judgment by holding that the Swiss Federal Tribunals decline of jurisdiction in a civil case involving reparation for torture committed outside the territory of Switzerland by foreign authorities against a foreign national did not amount to a violation of Article 6(1) ECHR. However, the Courts reasoning in the case under review is susceptible of being criticized in more than one respect. The compatibility of the conduct of the Swiss judiciary with Article 6(1) ECHR is dubious to say the least, even more so since the Federal Tribunals restrictive interpretation of the requirements for the application of forum necessitatis jurisdiction, and especially of the "sufficient connection" requirement, managed to produce a fully-fledged denial of justice. Should such a trend gain consistency, the effectiveness of the right of access to a court may be put at risk.
URI: http://arl.liuc.it/dspace/handle/2468/6615
Journal/Book: Rivista di diritto internazionale privato e processuale
ISSN: 0035-6174
Appears in Collections:Contributo in rivista

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