Suchergebnisse

In its judgment n. 269 of 14th December 2017 the Italian Constitutional Court (ICC) redefined its relationship with Italian judges in cases of incompatibility between national legislation and constitutional provisions that are equivalent to those contained in the Charter of Fundamental Rights of the European Union (CFREU). According to the previous ICC case law, Italian judges have to set aside national legislation conflicting with EU law (after a reference for a preliminary ruling to the European Court of Justice, where necessary). The ICC has now established that when the national provision infringes both Constitutional and the CFREU provisions, any Italian Court has first to ask the ICC to declare the unconstitutionality of the Italian norm. It is clear that if the previous solution was maintained, the setting aside of a national norm conflicting with a provision of the CFREU equivalent to a constitutional provision would entail, de facto, a check of constitutionality of Italian statute by Italian judges, a check which is an exclusive competence of the ICC in the Italian legal order. This revirement of the ICC raises a number of questions; in particular this paper discusses the issue of the order of precedence between preliminary rulings and the consequences of different evaluations of the ICC and of the ECJ concerning provisions of the CFREU corresponding to Constitutional provisions.

Observance of international law is considered an identity value of the European Union. The commitment towards international law is provided for in the Treaty, it is ensured by the ECJ, while EU institutions commonly profess their respect towards it. However, there are some discomforting examples where respect for international law is sacrificed to the altar of political realism. A recent ECJ judgment, excluding the application to the territory of Western Sahara of a EU-Morocco trade liberalization agreement, provides the occasion for the EU to operationalize the (vague) international law obligation of non-recognition of serious violations of jus cogens. The main issue discussed in this paper is how can the EU contribute to the respect for the right to self-determination of Western Sahara by avoiding reinforcing the illegal presence of Morocco in this non-self-governing territory. The actions of EU institutions are crucial not only for the future relationship with an important EU commercial partner in an area of geopolitical concern, but also for the contribution to international law of the EU practice, which can clarify the more general issue of the obligation of third countries to refrain from actions that can help or favour illegal actions of other states.

The aim of this article is to discuss the three defences raised by Erich Priebke for his participation in the killing of 335 civilians at the Ardeatine Caves which took place on 24 March 1944, and for which Priebke was tried by the Italian Military Tribunal which rendered its second judgement on 22 July 1997. The defences were: (1) the characterisation of the shootings at the Ardeatine Caves as lawful belligerent reprisals, (2) the defence of superior orders, and (3) duress.

Defence date: 21 January 1993 ; Examining Board: Prof. Roberto Barsotti (Università di Firenze) ; Renaud Dehousse (European University Institute, supervisor) ; Prof. Francis Snyder (European University Institute) ; Prof. Antonio Tizzano (Università di Roma) ; Prof. Joseph H.H. Weiler (Harward Law School) ; First made available online: 2 August 2016

Intro -- Preface -- Contents -- Abbreviations -- 1 The Promotion of Human Rights and International Labour Standards After Lisbon: An Introduction -- 1.1 Background and Context -- 1.2 Aims and Significance of the Book -- 1.2.1 Aims -- 1.2.2 Significance -- 1.3 Structure, Methods and Methodology of the Book -- 1.3.1 Research Methodology and Methods -- 1.3.2 Structure of the Book -- References -- 2 The EU as a Global Actor in an "Inter-Polar" World -- 2.1 Introduction: Theoretical Understandings of the Nature, Powers and Role of the EU in the World -- 2.2 The Multi-Faceted Conceptions of the European Union and Its Role as a Global Actor -- 2.3 The European Union's Promotion of Normative Objectives in Its External Trade Policy -- 2.4 The European Union's Deep Trade Agenda and Narratives of Self-Projection -- 2.5 Conclusion: The Role of the European Union as a Global Actor in the Age of Brexit and Anti-Globalism -- References -- 3 The Legal Framework of the Common Commercial Policy After the Entry into Force of the Treaty of Lisbon -- 3.1 Introduction: Aims and Structure -- 3.2 The Shift Towards a Global Approach and the "New" Common Commercial Policy -- 3.3 Principles and Objectives of the CCP After Lisbon -- 3.4 The Scope of the Common Commercial Policy After the Entry into Force of the Treaty of Lisbon: Substantive Reforms -- 3.4.1 New Fields of the Common Commercial Policy -- 3.5 The Expanding Competence of the EU in the Area of the Common Commercial Policy -- 3.5.1 Overview -- 3.5.2 The European Union's Exclusive Competence in the Field of the Common Commercial Policy -- 3.5.3 The Negotiation, Signature, Provisional Application and Ratification of International Trade Agreements -- 3.5.4 The Decision-Making System in the Council of Ministers After the Entry into Force of the Treaty of Lisbon.