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Right of Access to (Italian) Courts über alles? Legal Implications Beyond Germany's Jurisdictional Immunity
Judicial Independence in Transition
AbstractThe main consequence of Sentenza 238/2014 is that Germany has been denied jurisdictional immunities before Italian courts. However, the inflexible conception of the right of access to courts adopted by the Corte Costituzionale gives rise to a number of questions that go well beyond the issue at stake in Judgment 238/2014. First, there is the issue of whether the right of access to justice should also prevail over the international customary rule on immunity from execution. Secondly, onedoi:10.1007/978-3-662-62304-6_2 fatcat:7kxvye6a55cwtdj4au6l25gbs4