Judgment No. 159/2023, rendered on 21 July 2023 by the Italian Constitutional Court, concerning State immunity from measures of constraint, is a new episode in the Jurisdictional Immunities saga between Germany and Italy. The Constitutional Court curtailed some of the most extreme consequences to which an unwarranted extensive interpretation of its Judgment No. 238/2014 could have led. However, Judgment No. 159/2023 does not definitely settle all the critical issues which had led Germany to institute fresh proceedings against Italy before the International Court of Justice in April 2022, in particular the execution of foreign decisions against Germany (the Distomo Judgment). A new decision of the Italian Constitutional Court may be expected.
La sentenza 159/2023 della Corte Costituzionale: un primo passo di ravvedimento operoso della Corte in tema di immunità degli Stati stranieri
Andrea Gattini
2023
Abstract
Judgment No. 159/2023, rendered on 21 July 2023 by the Italian Constitutional Court, concerning State immunity from measures of constraint, is a new episode in the Jurisdictional Immunities saga between Germany and Italy. The Constitutional Court curtailed some of the most extreme consequences to which an unwarranted extensive interpretation of its Judgment No. 238/2014 could have led. However, Judgment No. 159/2023 does not definitely settle all the critical issues which had led Germany to institute fresh proceedings against Italy before the International Court of Justice in April 2022, in particular the execution of foreign decisions against Germany (the Distomo Judgment). A new decision of the Italian Constitutional Court may be expected.
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