ABSTRACT
This chapter discusses the idyllic version, and investigates the whole Italian model of compliance with the European stimulus through the lens of the effectiveness of the protection of rights offered both at a European and domestic level. Expanding the angle of perspective, Italy and the European Court of Human Rights seems engaged in a marriage of convenience. The fascist penitentiary regulation survived 27 years to the Democratic Constitution of 1948, since the Italian Penitentiary law was adopted only in 1975. The analysis of the Stella judgment shows how the relevance conferred to the effectiveness of the remedies, stressed once and again in the reasoning of the judgment, conflicts with the idea that the “remedies did not offer, in principle, prospects of appropriate relief”. The Court in Neshkov assessed the effectiveness of the Italian preventive measure, proposing the Italian model to Bulgaria, underlining the judicial nature of the authority supervising prisons, indicating appropriate redress.
