Sull’intervento di « ogni persona interessata » ex art. 36, par. 2, della Convenzione europea dei diritti dell’uomo: tra discrezionalità della Corte europea e corretta amministrazione della giustizia

The paper examines and critically discusses the way third parties can intervene pursuant Article 36, para. 2, of the European Convention on Human Rights. It highlights how the absence of a proper right to intervene for actually affected third parties could raise some issues at the procedural level, in particular when the Court is requested to decide cases which originate in civil disputes between two private parties. Insuch cases, the decision of the President of the Court not to allow to intervene any person concerned other than the applicant, in the interest of the proper administration of justice, could eventually collide with the interest of a person to participate in proceedings which might later affect its position. This might occur, for example, in the case of reopening proceedings before domestic courts as a consequence of the implementation of the European Court’s decision. Without overturning the existing system, the paper supports the idea to enhance the possibility for interested third parties to intervene in the proceedings before the EuropeanCourt. This would create a more balanced coordination between the public interest in the proper administration of justice and the private interest of the third party who is not the applicant to participate in the proceedings