La dottrina della protezione equivalente nei rapporti tra CEDU e Nazioni Unite alla luce della prassi più recente della Corte europea dei diritti dell’uomo

This paper investigates the possibility of resolving normative conflicts between the European Convention of Human Rights and the UN Charter through the equivalent protection doctrine, as recently ruled by the European Court of Human Rights (2nd Section) in the Al-Dulimi case. After a brief survey of the relevant case law, the author holds that this is not a suitable solution, since it is prevented by the Article 103 of the Charter. Conversely, the European Court should give priority to Security Council resolutions as long as they are given in accordance to the purposes and principles of the United Nations.