La tutela dei rapporti familiari del minore ex art 8 CEDU e la sua attuazione nell'ordinamento italiano

The adaptation of the Italian legal order to the ECHR system (law and jurisprudence), in terms of a child’s right to family life, takes place in a rather uncertain and discontinuous way but, in any case, always useful and advantageous. In this respect, the fact that the ECHR system does not have the “specialisation characteristics” attributed to EU system does not seem to be a problem. On the contrary, the variety and flexibility of its implementation methods in the national legal order contribute significantly to the creation of a “living law” to protect the best, overriding and exclusive interests of children and are, to date, an important opportunity for the renewal and improvement of existing levels of civilization, democracy and the protection of fundamental rights.