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The immunities of States and international organisations

This database contains the original national contributions bringing together information on The immunities of States and international organisations

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Information on the contribution

Member State
Italy
Themes
Type of document
Jurisprudence
Permanent link to the contribution
http://www.cahdidatabases.coe.int/C/Immunities/Italy/1982/144
Translations
THIS DOCUMENT CAN BE QUOTED AS FOLLOWS:
Database of the CAHDI "The immunities of States and international organisations" - contribution of Italy - Jurisprudence of 05/07/1982

Special Delegate for the Vatican City State (governmental body) v. Pieciuckiewicz (individual)

Author(ity)

Supreme Court of Cassation

Date of the decision, of the judgment

05/07/1982

Points of law

The decision admits the immunity from civil jurisdiction only for foreign States when they act as sovereign bodies and not when they act as private subjects.

Summary of the case

In pursuance of the universally accepted customary principle par in parem non habet iurisdictionem, enshrined in article 10, paragraph 1 of the Italian Constitution, the competence of the Italian judge is excluded in case of supply of translation and speaker services in favour of the Vatican Radio. In fact, these services clearly refer to the performance of its “mission in the world” and therefore are part of the tasks performed in order to attain the public goals of the Vatican State.

Sources

Italian Yearbook of International Law, 1985, 179

Additional information (explanations, notes, etc.)

Article 10 of the Italian Constitution