Chapter

Italy

Giuseppe Cataldi

in International Law and Domestic Legal Systems

Published in print September 2011 | ISBN: 9780199694907
Published online January 2012 | e-ISBN: 9780191731914 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199694907.003.0013
Italy

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In the Italian legal system, treaties are incorporated by means of the laws of ratification and must be consistent with the Constitution. Important indications on the relationship between treaties ratified by Italy and the constitutional order are found in the Constitution, even though the references are to distinguish the legal discipline in force before and after the 2001 constitutional reform. Domestic courts are formally and substantially free from any deference to the views of the government or legislature in interpreting a treaty provision. In the Italian Constitution there is no rule on the power of the legislature or the government to formulate a reservation to a treaty. Thus, in practice, the competence to formulate reservations is exercised by the government and by the Parliament. International customary law is automatically incorporated into the Italian legal system by a rule of the Italian Constitution, and it assumes the same force of constitutional law.

Keywords: Italian law; customary international law; constitutional law; constitution; treaties; domestic courts; domestic law

Chapter.  15708 words. 

Subjects: Public International Law

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