Abstract

The main aim of the paper is to analyse the Italian Constitutional Court's reasoning in this case from a particular analytical perspective, which is not yet been considered in any of the innumerable commentaries to the decision. More precisely, that perspective will consider if and how Professor Giuseppe Tesauro' (the judge rapporteur in this case and the President of the Court at the time the judgment was adopted) academic thesis connected to the relationship between international customary law and the Constitution may have influenced the ICC reasoning and the outcome of the 238/2014 decision.