Articles for category: Remedies against Immunity?

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”((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 (eds) The International Legal System in Quest of Equity and Universality, Liber Amicorum Georges Abi-Saab, The Hague, Kluwer, 2001, at 561.)) becomes crucial for understanding the “Italian concerns” after the Constitutional Court Judgment 238/2014. In parallel with the interstate dispute between Germany and Italy, the ... continue reading

11. Mai 2017

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 the first place; by taking measures of constraint against Villa Vigoni which serves a non-commercial government purpose; and by declaring enforceable in Italy decisions of Greek courts upholding civil claims against Germany. The Court also expressly obliged Italy to “ensure that the decisions of its ... continue reading

11. Mai 2017

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 principle of State immunity. The Sentenza warrants renewed attention because a wave of judgments issued by several Italian courts since 2015 started breathing new life into the case. Court decisions in Florence, Rome, Piacenza, Ascoli Piceno reaffirmed Italian jurisdiction and in some cases ordered Germany ... continue reading

11. Mai 2017