Law Enforcement Accountability in Europe: ECtHR Case Law, the Italian Framework, and Paths for Reform

• In Event: Police and social change in Italy: empirical perspectives

Abstract

The issue of accountability of law enforcement agencies has become increasingly relevant in the European legal and political debate due to numerous reports of human rights violations and excessive use of force by police authorities. This paper examines the main international jurisprudential trajectories, focusing on the European Court of Human Rights case law. It highlights the evolution of accountability standards, the established principles regarding effective investigations, the prevention of torture and ill-treatment, and the protection of the right to life and personal integrity. A specific focus is placed on Italian jurisprudence, analyzing constitutional case law, Supreme Court rulings, and lower court decisions to outline the current legal framework and its systemic shortcomings. These include the lack of clear identification of officers, difficulties in determining individual responsibility, and the absence of an independent monitoring mechanism for police conduct. Finally, the paper explores prospects for reform, considering legislative proposals and international best practices that could enhance transparency and the effectiveness of oversight mechanisms, ensuring a better balance between public security needs and the protection of fundamental rights.

Authors

• Ilaria Boiano, University of Florence

• Giancarlo Lenieri, University of Florence