Foreign State Immunity and the Constitutional Right to Access to Court: Actual Conflict?
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Abstract
With a recent order the Tribunal of Florence asked the Italian Constitutional Court to assess whether the customary international rule on foreign States' immunity is compatible with the right to have access to a judge set forth under Article 24 of the Italian Constitution. The present study aims at providing a reflection on how to balance the value enshrined in Article 10 of the Constitution, which requires compliance with customary international law, and the fundamental right guaranteed under article 24 of the Constitution.
Keywords
- State Immunity
- Constitutional Right to Access to Court
- Balance
