Il trasferimento della persona condannata tra Convenzione-quadro del 1983 e accordo di esecuzione

The purpose of this article is to analyze the model of framework conventions as a regulatory tool of international law, with specific reference to the Convention on transfer of sentenced person adopted on 21 March 1983. The peculiarity of this special system of law concerns the relationship between the Convention and its implementing agreements. The analysis focuses on the consequences of possible normative conflicts between these two legal instruments. Both the Convention and the implementing agreements are independent treaties under international law, so that their functional link cannot determine the invalidity of an implementing agreement conflicting with the frame- work Convention. Indeed, some further solutions can be reached according to the case-law of the European Court of Human Rights and the jurisprudence of Italian courts.