Judgment 238/2014 and the importance of a constructive dialogue

Alessandro Bufalini, Fachinformationsdienst Für Internationale Und Interdisziplinäre Rechtsforschung
2017
Judgment 238/2014 and the importance of a constructive dialogue verfassungsblog.de /judgment-2382014-and-the-importance-of-a-constructive-dialogue/ Alessandro Bufalini Fr 12 Mai 2017 I will focus here on two facets of Judgment 238/2014 and its legal implications. In the first part, I will shed some light on certain drawbacks of the application of the counter-limits doctrine in the relationship between the Italian Constitutional Court and the International Court of Justice (ICJ). Some of these
more » ... iticisms show that the dialogue between constitutional courts and the ICJ is quite complex. Opportunities for dialogue are infrequent and the means are not comparable to those available at the European level. In the second part, I will explore how the availability of alternative means of dispute settlement at the international level may impact on the need to award redress for Italian victims. Despite this potential impact, I submit that the more suitable solution, for the time being, is an Italian political initiative aimed at unilaterally granting reparation to the victims.
doi:10.17176/20170512-130742 fatcat:lbrorwgfmndjvcmzs3ybqr4vle