Italian concerns after sentenza 238/2014: possible reactions, possible solutions

Introduction 1. International legal thinking has long been dominated by the perception of the State as a unitary subject. Yet, the “need to look behind the monolithic face of the State”1)I borrowed this expression from R. Higgins, ‘The Concept of “The State”: Variable Geometry and Dualist Perceptions’, in L. Boisson de Chazournes and V. Gowlland-Debbas […]

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German concerns after Sentenza 238/2014: Possible reactions – possible solutions

Jurisdictional Immunities, or: A Formally Strong German Position On the international plane, Germany has as strong a position as one could wish for. In its 2012 Jurisdictional Immunities judgment, the ICJ in unambiguous terms found Italy responsible for a threefold violation of the customary principles of state immunity: by allowing civil claims against Germany in […]

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Introduction: In search for conciliation

Sentenza 238/2014 of the Italian Constitutional Court created a legal and political deadlock between Italy and Germany. In denying Germany’s immunity from civil jurisdiction over claims to reparations for Nazi crimes committed during World War II, the Italian Constitutional Court indirectly challenged the International Court of Justice’s (ICJ) judgment of 2012, which had confirmed the […]

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How Could the ECJ Escape from the Taricco Quagmire?

The Taricco saga shows how difficult has become the coexistence between the doctrines that have been developed so far by the ECJ on one side and the national Constitutional or Supreme Courts on the other side. The ECJ and the Constitutional Courts, in all their isolated splendour (or splendid isolation), preferred so far to follow parallel lines, whose meeting could only take place ad infinitum. However, if the parallelism collapses, the two lines are doomed to crash.

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The Italian Constitutional Court in re Taricco: “Gauweiler in the Roman Campagna”

The Italian Constitutional Court’s Tarrico judgement is worded in apparently much milder terms than the BVerfG’s preliminary reference in Gauweiler. The content of the ICC’s decision, though, seems loaded with much more dynamite. In Gauweiler, the CJEU was called to interpret an act of another EU institution. In Taricco, the CJEU is called to reinterpret its own decision, after the ICC essentially asked “please, say it again?”

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Stable Majorities in Italy: an Interview with FRANCESCO CLEMENTI

Last week, the Italian Constitutional Court has declared the electoral law reform constitutional in most respects. Francesco Clementi explains why it will still be extremely difficult to form stable majorities in both chambers of Parliament.

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The Taricco Decision: A Last Attempt to Avoid a Clash between EU Law and the Italian Constitution

Is Italy obliged by EU law to pursue criminal acts longer than provided by Italian law? This question might cause a fundamental clash between the Italian Constitutional Court and the European Court of Justice. Unlike the CJEU, the Italian Constitutional Court interprets a retroactive suspension of the limitation period as a matter of principle of legality, and thereby as a matter of a core principle of Italian constitutional law. By referring the case to the CJEU, the Italian Constitutional Court gives the European Court a chance to revisit its jurisdiction while avoiding the identity language of the German Constitutional Court – good news for cooperative constitutionalism in Europe.

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Nothing left to do but vote – The (almost) untold story of the Italian constitutional reform and the aftermath of the referendum

A cloud of uncertainty hovers over the future of Italian politics after the failure of the constitutional referendum. The degree of uncertainty is increased by the pending proceeding before the Constitutional Court where the electoral law adopted in 2015 (Italicum) has been challenged as unconstitutional.

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After the Italian Referendum

So much was at stake for Italy, its political class and its economy, and for the European Union (EU) and its member states in the country’s failed referendum on constitutional reform. In the EU, Germany is a particularly sensitive case. The relations between Germany and Italy are a focal point in Europe. They used to be in an asymmetric, albeit comforting, equilibrium.

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Italy before the Constitutional Referendum: "I do not see any Armageddon Scenario"

On Sunday, Italy will vote on the largest constitutional reform in recent history. Francesco Clementi, constitutional lawyer from the University of Perugia and one of the staunchest supporters of the reform, answers our questions about what will happen in case of a NO or a YES victory.

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