The Opinion of Advocate General Bot in Taricco II: Seven “Deadly” Sins and a Modest Proposal

The wind of populism is blowing across Europe and courts (including constitutional and supreme courts) are not immune therefrom. Within this context, the enforcement of the constitutional identity clause to contrast the application and, sometimes, the primacy of EU law would be a powder keg waiting to be lit. In the latest act in the Taricco saga, Advocate General Bot in his opinion in Taricco II does nothing to defuse it – on the contrary.

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Das italienische Wahlrecht nach deutscher Art reformieren – oder nicht?

Das deutsche Wahlsystem soll Vorbild sein für die Reform des Wahlrechts in Italien. Was hat es mit diesem Vorbildcharakter auf sich, und wie passt das deutsche personalisierte Verhältniswahlrecht zu den Vorgaben der italienischen Verfassung?

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No Consensus – but Hope at Villa Vigoni

The Colloquium on the judgment of the Italian Constitutional Court (ICC) No. 238 of 22 October 2014 could hardly have been held at a more fitting venue. It brought together German and Italian lawyers from 11 to 13 May 2017 at the Villa Vigoni Conference Centre on the shores of Lago di Como, property of […]

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Suggesting Solutions: Do the Right Thing

This short presentation distils the conclusions of the panel regarding the international law angle of the post-Sentenza scenario. They reflect some degree of consensus which was reached on certain crucial points, including the steps ahead. Keep calm… The applicable rules of international law are clear. A State’s immunity in the civil courts of another State […]

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Suggesting Solutions: A European Way?

The conveners asked the third panel of the conference to take a European law perspective, as we are dealing, after all, with a conflict between two European countries. This European perspective raises several questions, many of which you can find in the programme. These questions can be roughly organised into two main categories. First, is […]

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Suggesting Solutions: What about Concessions to be Made by Both Sides?

In the following I will briefly give you an overview over the issues discussed in Panel II which was dedicated to “Concerns” from the Italian perspective, presented from a German and an Italian point of view with regard to decision 238 of the Italian Constitutional Court. This topic raised very concrete and difficult aspects because […]

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Suggesting Solutions: Providing Compensation to the Victims as a Moral and Legal Duty

The first panel dealt intensively with the question as to whether, and if so how, reparation should be awarded to victims even after Sentenza No. 238/2014 was released. The judgment as such did not make a possible upholding of State immunity conditional upon any compensation scheme. On the contrary, it asserted that the right to […]

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A clever and dangerous move – or: a Roman Court goes Lutheran

2 ½ years after it was rendered, Sentenza 238/14 of the Italian Constitutional Court remains an intriguing decision and continues to divide opinion.  Was this a heroic act in defence of fundamental values, or a foolish, pointless exercise in 'token resistance'? While the language is more guarded, many of the papers presented at a German-Italian […]

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After Sentenza 238: A Plea for Legal Peace

1. INTRODUCTORY REMARKS This post summarizes some of the key points of my presentation at the upcoming Villa Vigoni conference organized by the Max Planck Institute and its partners around the theme ‘Remedies against Immunity? Reconciling International and Domestic Law after the Italian Constitutional Court’s Sentenza 238/2014’. There are no easy answers to the questions […]

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Judgment 238/2014 and the importance of a constructive dialogue

I will focus here on two facets of Judgment 238/2014 and its legal implications. In the first part, I will shed some light on certain drawbacks of the application of the counter-limits doctrine in the relationship between the Italian Constitutional Court and the International Court of Justice (ICJ). Some of these criticisms show that the […]

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