IL FONDO « RISTORI » TRA RISPETTO DEL DIRITTO INTERNAZIONALE, CONTROLIMITI E RAGIONI CREDITORIE DELLE VITTIME DI CRIMINI NAZISTI: IL PUNTO DI TENUTA DELL'ORDINE COSTITUZIONALE

The Italian Constitutional Court has recently dismissed the plea of unconstitutionality challenging the Italian law that aims to end the dispute with Germany over damages owed to Italian citizens for crimes committed in Italy by the Third Reich’s army. Since, according to the Court, the customary rule establishing the immunity of foreign States from measures of constraint fully applies internally, the paper focuses inter alia on the solution envisaged by the Italian legislature, bound by the need to comply with international law (which is a constitutional principle), the counter-limits as regards the customary rule on immunity from jurisdiction as set out in a previous constitutional ruling, and finally the creditors’ right to obtain compensation.