Resolution CM/ ResDH (2019)221 Execution of the judgment of the European Court of Human Rights Orlandi and Others against Italy

(Adopted by the Committee of Ministers on 25 September 2019 at the 1355 th meeting of the Ministers ’ Deputies)

Application No.

Case

Judgment of

Final on

26431/12

ORLANDI AND OTHERS

14/12/2017

14/03/2018

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”),

Having regard to the final judgment transmitted by the Court to the Committee in this case and to the violation of Article 8 of the Convention due to the absence of legal recognition and protection for marriages contracted abroad by same-sex couples;

Recalling the respondent State ’ s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:

- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum ; and

- of general measures preventing similar violations;

Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;

Having examined the action report provided by the government indicating the measures adopted to give effect to the judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2019)233 );

Recalling that Italy put in place in 2016 a specific legal framework that guarantees the recognition and protection, in the form of a civil union, of same-sex couples who maintain a stable relationship and of marriages contracted abroad by these couples;

Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and

DECIDES to close the examination thereof.