Which Treaties Override Inconsistent Domestic Legislation under Article 117(1) of the Italian Constitution? Taking Stock of a Quarter-Century of Practice

The present contribution seeks to shed light on which treaties enjoy a rank higher than domestic legislation in the Italian legal order by taking stock of 25 years of practice since the entry into force of the amendment to Article 117(1) of the Constitution, imposing a duty on lawmaking authorities to respect international law obligations. It aims to demonstrate that all treaties validly concluded by Italy and duly incorporated into its legal system can equally limit the legislative powers of the State and its Regions. Any alternative solution would ultimately risk jeopardising the principle of openness to, or respect for, international treaty obligations by the Italian legal system, as well as, more practically, the stability and certainty of international relations based on agreements to which Italy is a party. The analysis focuses on the case law of Italian highest courts, i.e., the Corte Costituzionale and the Corte di Cassazione, as well as on the practice of other constitutional bodies, especially the President of the Republic.