By judgment 238 /2014, the Italian Constitutional Court has prescribed Italian judges not to apply the customary rule of State immunity with regards to civil actions brought against Germany for reparations due to its breach of fundamental rights during WWII. The reason for such conclusion lies in the conflict between the customary rule and the right to a due process, enshrined in the Italian Constitution. Preliminary to such finding is the existence, declared by the Constitutional Court, of an obligation for all Italian judges to interpret the rule on State immunity according to the 2012 ICJ judgment in the Immunity of the State case. The basis for this obligation would lie in International law. It is argued that no such duty exists in International law for the Italian judges.
IL PRINCIPIO DI CONFORMITÀ NELL’INTERPRETAZIONE DELLE NORME DI DIRITTO INTERNAZIONALE GENERALE DA PARTE DEL GIUDICE INTERNO
GIANELLI, Alessandra
2020-01-01
Abstract
By judgment 238 /2014, the Italian Constitutional Court has prescribed Italian judges not to apply the customary rule of State immunity with regards to civil actions brought against Germany for reparations due to its breach of fundamental rights during WWII. The reason for such conclusion lies in the conflict between the customary rule and the right to a due process, enshrined in the Italian Constitution. Preliminary to such finding is the existence, declared by the Constitutional Court, of an obligation for all Italian judges to interpret the rule on State immunity according to the 2012 ICJ judgment in the Immunity of the State case. The basis for this obligation would lie in International law. It is argued that no such duty exists in International law for the Italian judges.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
