Atteggiamenti preoccupanti della giurisprudenza italiana sui rapporti fra diritto interno e trattati internazionali
Journal title DIRITTI UMANI E DIRITTO INTERNAZIONALE
Author/s Benedetto Conforti
Publishing Year 2008 Issue 2008/3 Language Italian
Pages 5 P. 581-585 File size 57 KB
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Worrying attitudes of the Italian jurisprudence on the relationship between municipal law and international treaties - In the judgment No. 348 of 24 October 2007 of the Italian Constitutional Court it is stated that EC law is ‘self-executing’ and has a ‘direct effect’ within domestic legal order, while the same is not true for ECHR. In a recent judgement of 28 february 2008, No. 39, the same Court seems to endorse the opinion of the Administrative Tribunal which had asked her to statue whether an internal law was in contrast with the Italian Constitution and hence to be declared void. According to the opinion of the Tribunal, treaties would create only inter-governmental rules so that common judges, using their power of interpretation, could not even declare an internal law as superseded by a more recent international convention. Such an opinion should be rejected as archaic and absolutely wrong today.
Benedetto Conforti, Atteggiamenti preoccupanti della giurisprudenza italiana sui rapporti fra diritto interno e trattati internazionali in "DIRITTI UMANI E DIRITTO INTERNAZIONALE" 3/2008, pp 581-585, DOI: