By focusing on two case studies, the article analyses the implementation of international treaties into the Italian domestic legal order by way of an "order of execution" and highlights the diverging approaches of Italian courts, in line with the different approaches of legal scholars, when determining whether the relevant treaty provisions were self-executing − hence applicable by Italian State organs.
Relationship Between Municipal and International Law: An Only Child without “Younger Brothers”: Contrada v. Italy (No. 3) and the Never-Ending Saga of the Relationship between Italian Courts and the ECtHR — Implementing International Treaties into the Italian Legal Order: Diverging views on the Identification of Self-Executing Provisions
N. Zugliani
2021
Abstract
By focusing on two case studies, the article analyses the implementation of international treaties into the Italian domestic legal order by way of an "order of execution" and highlights the diverging approaches of Italian courts, in line with the different approaches of legal scholars, when determining whether the relevant treaty provisions were self-executing − hence applicable by Italian State organs.File in questo prodotto:
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