From Academia to the (Constitutional) Bench: An Heterodox Reading of the Last Move (Decision No. 238/2014) of the Italian Constitutional Court on the Relationship between Constitution and International (Customary) Law

Diritto pubblico comparato ed europeo, 2015, IV, Forthcoming

Bocconi Legal Studies Research Paper

16 Pages Posted: 18 Jan 2016  

Oreste Pollicino

Bocconi University - Department of Law

Date Written: 2015

Abstract

On 22 October 2014, the Italian Constitutional Court (hereafter, the ‘ICC’) issued judgment No. 238 of 2014 in which it declared unconstitutional certain domestic provisions that obliged Italian courts to comply with the judgment of the International Court of Justice (hereafter, the ‘ICJ’) in the case of Germany v. Italy, thereby excluding the jurisdiction of the national courts in cases concerning actions for civil damage resulting from war crimes and crimes against humanity committed by German military forces during World War II.

If there were a competition for the title of ‘judgment of the year’ of the ICC, there is no doubt that judgment No. 238 would win top spot for 2014 hands down.

It is difficult to remember any other judgment of the Italian Constitutional Court that has attracted discussion on the same scale within only a few months of its adoption, from both national and international observers.

Keywords: italian constitutional court, international law, constitutional law

Suggested Citation

Pollicino, Oreste, From Academia to the (Constitutional) Bench: An Heterodox Reading of the Last Move (Decision No. 238/2014) of the Italian Constitutional Court on the Relationship between Constitution and International (Customary) Law (2015). Diritto pubblico comparato ed europeo, 2015, IV, Forthcoming; Bocconi Legal Studies Research Paper. Available at SSRN: https://ssrn.com/abstract=2716943

Oreste Pollicino (Contact Author)

Bocconi University - Department of Law ( email )

Via Roentgen 1
Milan, 20136
Italy

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