Irreducible Life Sentences and Rehabilitation. A Point of Juncture between Strasbourg and Rome

The comparison between the recent Strasbourg Court case law and the Italian Constitutional Court judgements on irreducible life sentences pinpoints the emphasis on rehabilitation as prominent penological ground for incarceration, enhancing human dignity both at the national and supranational level. The judgement in Viola v Italy highlights that the domestic penitentiary regime suffers a structural problem which jeopardises the prisoners’ hope for future release. In this frame, the reluctant attitude of national legislator compels judicial remedies undermining the separation of power, one of the cornerstones of the civil law paradigm. Furthermore, the solution provided by the Constitutional Court addresses the issue only partially, raising several concerns whether the current national regime complies with the Convention.