What is the Effectiveness of Judicial Protection in the Case Germany v. Italy? Article 43 of the Decree-Law no. 36/2022 as a Constitutionally Legitimate ‘Remedy’
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The essay aims to identify the solutions adopted in the Italian legal system to address the problem of the so-called effectiveness of judicial protection with reference to the judgments rendered against Germany in connection with crimes committed by the Third Reich during World War II. The focus will be on the ‘remedy’ adopted by the Italian State through the adoption of Art. 43 of the Decree-Law 36/2022, converted into law under Law no. 79/2022, which precluded enforcement proceedings against Germany for the aforementioned crimes, if those were committed on Italian territory or the victims are Italian citizens. Art. 43 has recently been referred to the Italian Constitutional Court, which will assess its constitutional legitimacy. Therefore, this essay will analyse such ‘remedy’ in the light of the issues of constitutional legitimacy that it raises and will examine to what extent the Consti-tutional Court may safeguard Art. 43 and whether the solution provided by the Article is the prefera-ble one in order to ensure ‘effective’ protection of creditors of the German State.
- Germany v. Italy
- jurisdictional immunities of States
- effectiveness of ju-dicial protection
- Art. 43 Decree-Law no. 36/2022
- Italian Constitutional Court