Immunità dalle misure di esecuzione, Fondo di ristoro per le vittime del Terzo Reich e diritto di accesso alla giustizia davanti alla Corte Costituzionale

The article comments on Judgment No. 159/2023 of the Italian Constitutional Court from three points of view. First, it considers the Constitutional Court’s distinction between immunity from jurisdiction and immunity from enforcement measures, which finds confirmation in international law. Second, it addresses the alternative remedies argument, noting that in international and national jurisprudence the argument is not applied to immunity from enforcement measures, but only to immunity from jurisdiction. Finally, the article focuses on the fate of Greek claimants who have obtained an exequatur in Italy, who seem to suffer an unfavourable treatment compared to Italian victims of the Third Reich due to the lack of access to the Compensation Fund. The article concludes by pointing out that, among the three aspects discussed, the open and most important question remains that of immunity from jurisdiction, both in the Italian-German dispute and in the light of possible developments in customary international law.