The Italian Constitutional Court rules on immunity of foreign States from civil jurisdiction: a new twist in the Ferrini saga

noviembre 1, 2014


This post has been written by Serena Forlati, associate professor of International Law at the University of Ferrara.

In a judgment of 22 October 2014 (judgment No 238/2014: the full text of the judgment, in Italian, may be downloaded here), the Italian Constitutional Court decided that implementing the 2012 judgment of the International Court of Justice (ICJ) on the Jurisdictional Immunities of the State in the Italian legal order would be incompatible with the right of access to a judge, as enshrined in Article 24 of the Constitution, read together with Article 2 thereof, which prescribes respect for the “inviolable rights of the human being”.

The ruling, whose juge rapporteur is the Court’s President – and former ECJ Advocate General – Giuseppe Tesauro, decides on issues raised by the Florence Tribunal in three parallel lawsuits filed by Italian nationals against the Federal Republic of Germany, seeking reparation for…

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