Colliding legal systems or balancing of values? International customary law on State immunity vs fundamental constitutional principles in the Italian Constitutional Court decision no 238/2014
Colliding legal systems or balancing of values? International customary law on State immunity vs fundamental constitutional principles in the Italian Constitutional Court decision no 238/2014 / Zoom Out
Decision no. 238/2014 of the Constitutional Court: Between undue fiction and respect for constitutional principles
Decision no 238/2014 of the Italian Constitutional Court raises a vast array of both international and constitutional law issues: to begin with, how Article 10, para. 1[1], of the Italian Constitution has been interpreted and, secondly, whether the Court struck the right balance between Article 10 and Article 24[2] and its interaction with Article 2[3]....
