| Abstrakt: |
Following Germany's 2022 ICJ application against Italy over continuing violations of its immunities, the Corte Costituzionale's Judgment No. 159/2023 upheld legislation curbing enforcement against German assets and redirecting claims by Nazi crimes victims to an Italy-financed Reparations Fund. This paper discusses whether and under what conditions this ruling might lead to a termination of the German-Italian dispute. It shows that, while the Court paid lip service to its own Judgment No. 238/2014, the dispute's main casus belli, it distanced itself from many controversial aspects of that precedent and greatly reduced its significance. The paper then reflects on the extant problems, arising from the Court's failure to overrule Judgment No. 238, and on ways to solve them. These problems include: 1) the apparently ongoing violation of Germany's immunity from adjudicative jurisdiction; and 2) the possibility of constitutional challenges being levied against the Fund for discrimination against excluded claimants. It is suggested that neither problem calls into question the possibility of terminating the dispute. In conclusion, the paper speculates that, while an overruling of Judgment No. 238 is unlikely, the Court's future case law could, with only some fine-tuning, turn that judgment into a precedent devoid of meaningful effects. [ABSTRACT FROM AUTHOR] |
