Resolution CM/ResDH(2022)320

Execution of the judgment of the European Court of Human Rights

Cusan and Fazzo against Italy

(Adopted by the Committee of Ministers on 23 November 2022 at the 1449 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

77/07

CUSAN AND FAZZO

07/01/2014

07/04/2014

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 14 in conjunction with Article 8 of the Convention due the fact that under Italian law, the child, at birth, could not be registered in the civil registry with the mother’s family name, but only with the name of the father;

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 examined the action report provided by the government, indicating the measures adopted to give effect to the judgment (see document DH-DD(2022)1112 );

Noting the Court’s indication under Article 46 of the Convention that reforms to the Italian legislation and/or practice were to be adopted, in order to ensure their compatibility with the conclusions of the judgment;

Noting that in the present case the individual measures were dependent on the adoption of the required general measures and that no award of just satisfaction was made by the Court ;

Welcoming the reaction of the Constitutional Court, which has established, in decision No. 131 of 2022, that children shall henceforth take the surnames of both parents, in the order they decide, unless the parents agree to give only the surname of one of them;

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.