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
Judgment 238/2014 of the Italian Constitutional Court: In search of a way out
In Judgment 238/2014 the Constitutional Court unhesitatingly gave precedence to the right to jurisdictional protection over compliance with international law. The high costs of the judgment in terms of respect for international law – and of the constitutional values enshrined in Articles 10 and 11 of the Italian Constitution – are apparent. Yet, taking into...
