XI. HUMAN RIGHTS

XI. HUMAN RIGHTS (Cf. supra X and infra XV, Corte Costituzionale, 22 March 2001, No. 73) Right to justice - Arts. 2 (human rights) and 24 (right to be heard in court) of the Italian Constitution - Art. 6, para. 1 (length of the proceedings), of the European Convention on Human Rights and Fundamental Freedoms - Relationship between international treaty law and constitutional rules Corte Costituzionale, 22 October 1999, No. 388 Ciliberto v. Ciba Geigy SpA Until the 2001 constitutional amendment (see supra in this Yearbook, CONFORTI, "Reflections on the Recent Amendments to the Italian Constitution Concerning Respect for International and European Community Law"), international treaties did not enjoy a constitutional rank in the Italian legal order. The "implementing order" (ordine di esecuzione) of a treaty is normally contained in a legislative act (legge ordinaria). And in the hierarchy of sources of the Italian legal order, such act has a lower position in respect of the Constitution. The judgement under review can be considered a cautious step forward towards the clarification of the special rank that should be given to international conventions on human rights. However, unresolved questions remain. The Tribunale of Torre Annunziata, acting as judge a quo, challenged the http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The Italian Yearbook of International Law Online Brill

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Publisher
Martinus Nijhoff
Copyright
Copyright 2003 by Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0391-5107
eISSN
2211-6133
D.O.I.
10.1163/221161301X00175
Publisher site
See Article on Publisher Site

Abstract

(Cf. supra X and infra XV, Corte Costituzionale, 22 March 2001, No. 73) Right to justice - Arts. 2 (human rights) and 24 (right to be heard in court) of the Italian Constitution - Art. 6, para. 1 (length of the proceedings), of the European Convention on Human Rights and Fundamental Freedoms - Relationship between international treaty law and constitutional rules Corte Costituzionale, 22 October 1999, No. 388 Ciliberto v. Ciba Geigy SpA Until the 2001 constitutional amendment (see supra in this Yearbook, CONFORTI, "Reflections on the Recent Amendments to the Italian Constitution Concerning Respect for International and European Community Law"), international treaties did not enjoy a constitutional rank in the Italian legal order. The "implementing order" (ordine di esecuzione) of a treaty is normally contained in a legislative act (legge ordinaria). And in the hierarchy of sources of the Italian legal order, such act has a lower position in respect of the Constitution. The judgement under review can be considered a cautious step forward towards the clarification of the special rank that should be given to international conventions on human rights. However, unresolved questions remain. The Tribunale of Torre Annunziata, acting as judge a quo, challenged the

Journal

The Italian Yearbook of International Law OnlineBrill

Published: Jan 1, 2001

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