Giù le mani da Villa Vigoni: quale tutela "effettiva" per le vittime di gravi crimini compiuti da Stati esteri?

Abstract: In a recent decision the Italian Court of Cassation confirmed immunity from execution of Villa Vigoni, an immovable property belonging to the Federal Republic of Germany located in Como, owing to the fact that the property is being used for governmental purposes. The distinction between jurisdictional immunity and immunity from enforcement was confirmed by the International Court of Justice in its decision Germany v. Italy (para. 113). As a consequence, the benefits of the decision of the Italian Constitutional Court No. 238/2014 – which found that the rules on jurisdictional immunities of States for conducts in breach of fundamental rights were inconsistent with the Italian Constitution – risk to be very limited for the victims. These will find it very difficult to obtain «effective» reparation. It may be time to reconsider also this «last bastion of State immunity», since execution of a judgment must be regarded as an «integral part» of the right to a trial. In the alternative, the Italian Government should guarantee some means of reparation. The Court of Cassation also confirmed that the Greek decision at the origin of the proceedings produces effects in Italy. Immunity from execution of Villa Vigoni does not imply that an executive title obtained against Germany should be deprived of any effects in Italy. This part of the decision is not in conformity with what was stated by the International Court of Justice. It is a consequence of how the effects of the decision No. 238/2014 of the Constitutional Court extend, indirectly, also to procedures concerning recognition of foreign decisions against States.