Trattati internazionali, diritto comunitario e strumenti di protezione dei diritti umani davanti alla Corte costituzionale italiana

International Treaties, EU Law and Human Rights Treaties before the Italian Constitutional Court

Roberto Cisotta

The Italian Constitutional Court has established a new status for international treaties in the Italian Constitutional Order with Judgements n. 348 and 349 (2007). According to new the Article 117, para. 1 of the Italian Constitution – which obliges National Parliament and Regional Assemblies to respect obligations stemming from international law and European Union (EU) law –, international treaties have a sub-constitutional status and «ordinary» national laws cannotcontrast with them. However, the Constitutional Court has to verify that international treaties do not contrast with the Constitution, and only then can it let them define the constitutional parameter expressed by Article 117, para. 1. In case of alleged contrast of national law with an international treaty, national judges must call the Constitutional Court to solve the problem. EU law has a different status: any conflicting provision of national law is automatically inapplicable by any National Court. The Italian Constitutional Court does not recognise a special status to human rights (HR) protection treaties, in spite of Articles 2 (HR protection) and 11 (repulsion of war and Italy’s participation to international organisations that promote peace) of the Italian
Constitution.