Il baluardo dell’immunità degli Stati dall’esercizio della giurisdizione civile come limite all’affermazione dell’international constitutionalism: isolamento o consapevolezza della Corte costituzionale italiana?

Some remarks on the decision 234/2014. The stronghold of States’ immunity in the civil jurisdiction as a limit to the affirmation of an international constitutionalism: isolation or awareness of the Italian Constitutional Court?

Abstract

The paper is aimed at discussing the decision238/2014 of the Italian Constitutional Court in the frame of the European and American case law and doctrine in the field of States’ immunity in civil jurisdiction. The reason of such analysis has to be traced back to the need of bringing back the attention to the substance that lays at the basis of the decision, mainly outlining the close connection between constitutional and international law when coming to the protection of fundamental rights (and human rights in particular), leaving behind the problem of the relationship between legal orders.

States liability, human rights infringements, customary international law, international constitutionalism, civil jurisdiction