GUZZARDI v. ITALY JUDGMENT 21 admissibility, to the extent that their character and the circumstances permitted (see the above-mentioned Artico judgment, pp. 12-14, par. 24 and 27). In respect of each branch of the objection, the Court must first of all satisfy itself that this condition has been fulfilled in the present case and that the Government are therefore not estopped. 1. The first branch of the objection (the procedure ordering compulsory residence) (a) Estoppel 68. Prior to the admissibility decision of 1 March 1977, the Government’s line of argument was not exactly the same as that adopted subsequently. They criticised the applicant for not having challenged before the courts the compatibility of the 1956 and 1965 Acts with the first two paragraphs of Article 13 of the Italian Constitution, these being paragraphs which were said to correspond to Article 5 (art. 5) of the Convention (see the written observations of 3 September 1976, 21 January 1977 and 21 February 1977). They repeated this objection on later occasions, and finally in their memorial of 15 March 1978 to the Commission (at pages 17 to 19), which was appended to their memorial of December 1979 to the Court. 69. The submission summarised at paragraph 65 above were not put to the Commission by the Government until the memorials and oral pleadings of 8 February, 9 February and 15 March 1978. Nevertheless, certain passages in the application form of 30 January 1976 and on other written statements by Mr. Catalano might have led the Government to believe that the application was challenging the compulsory residence order as such and, indirectly, the 1956 and 1965 Acts (see the Government’s observations of 3 September 1976, at pp. 9 and 14; of 21 January 1977, at pp. 2 and 4; of 21 February 1977, at p. 1). The admissibility decision (see paragraph 5 of the section entitled "The law" and item 2 of the operative provisions) and subsequently a letter dated 14 March 1977 to the parties (see paragraph 5 of the report) showed that the Commission "was [primarily] interested in the living conditions" at Cala Reale, "the situation complained of" by Mr. Guzzardi. The decision and the letter would appear to have prompted the Government to supplement their initial argument in order to adapt it to the Commission’s approach (see, mutatis mutandis, paragraph 59 above). Developing a case in this way is not, in the circumstances, incompatible with the requirements of a proper administration of justice (see the abovementioned Artico judgment, pp. 13-14, par. 27); there is accordingly no estoppel. (b) Whether the objection is substantiated