Maria Elena Gennusa

Constitutional Court and International Obligations: A Few New Things and Many Old Ones

  • Abstract

Informations and abstract

Keywords: State Immunity; War Crimes; Dualism; Counterlimits Doctrine; Constitutional Identity.

Judgment no. 238/2014 of the Italian Constitutional Court (ICC) on State immunity and war crimes seems to be a «mould-breaker» ICC decision: it makes use of the counterlimits doctrine for the first time against an international customary norm, puts in jeopardy the International Court of Justice's authority and casts some doubts on the international loyalty of the Italian State. In so doing, the ICC aims expressly at safeguarding the untouchable core of the domestic constitutional identity, at ensuring compensation for damages suffered by victims of Nazi crimes and at «constitutionalising» the international legal order. The essay analyses the approach followed by the ICC in order to shed light on its suitability to achieve the aims pursued and on the real innovative character of Judgment no. 238 compared to the previous ICC's case law concerning the relationship between domestic and international/supranational legal orders.

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