Abstract

The Italian Constitutional Court, with Judgment No. 159 of 2023, ruled on the questions of constitutional legitimacy raised against Article 43 of Decree Law No. 36/2022, converted by Law No. 79/2022. Article 43 represents the solution developed by Italy to settle the Italian-German dispute over reparations to victims of World War II, which involves the issue of jurisdictional immunities of States and their property. The paper analyzes the Court’s clarifications with respect to central issues in the debate of doctrine and jurisprudence and suggestions with respect to other debated issues that, however, were not formally part of the thema decidendum. The analysis allows for hypothesizing future developments and proposing possible solutions to address outstanding issues. The ultimate goal is to identify the impact of the Judgment on the Italian-German dispute at the ICJ.