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Italy

Constitutional Court at the crossroads between constitutional parochialism and co-operative constitutionalism. Judgments No. 348 and 349 of 22 and 24 October 2007

Published online by Cambridge University Press:  09 September 2008

Oreste Pollicino
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Extract

It is never too late. In two decisions handed down at the end of October 2007, the Italian Constitutional Court seems finally to have begun to take seriously one of the Italian Constitution's fundamental principles: the openness to international law which is embodied in Articles 10, 11 and – the provision chosen by the Constitutional Court in the judgments being examined – 117, paragraph 1 of the Constitution, which was added by the constitutional revision of 2001. In particular, the two decisions focus on the relationship between the Italian constitutional legal order and the Convention for the Protection of Human Rights and Fundamental Freedoms.

Keywords

Article 6 ECHRConstitutionalityExpropriationHierarchy of lawsItalian ConstitutionJudicial dialogueNational constitutionsPeaceful enjoyment of possessionsProtection of human rightsStatus ECHR
Type
Case Notes
Information
European Constitutional Law Review , Volume 4 , Issue 2 , June 2008 , pp. 363 - 382
Copyright
Copyright © Asser Press 2008

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