Sviluppi attuali in materia di stipulazione di accordi in forma semplificata nell’ordinamento italiano

• FRANCESCA PERRINI ^[1]
  1. [1] Università di Messina
• Localización: Ordine Internazionale e Diritti Umani, ISSN-e 2284-3531, Nº. 1, 2020, págs. 67-85
• Idioma: italiano
• Títulos paralelos:
  • Recent developments on the conclusion of executive agreements in the Italian legal system
• Enlaces
  • Texto completo (pdf)
• Resumen

  • Executive agreements are very numerous in Italy like in many other legal systems. This practice has always provoked a lot of juridical questions with regard to the legitimacy of this kind of treaties. For this reason, it is necessary to make reference to the articles of the Vienna Convention on the Law of Treaties regulating among others also the conclusion of treaties.

    Besides, another question that must be considered is the relationship between executive agreements on one hand and constitutional national norms on ratification procedure on the other.

    On this last question, in the Italian legal system there is a problem of compliance of executive agreements with article 80 of the Constitution. This problem is nowadays very serious because of the increasing number of executive agreements in the immigration field.

    The question poses a problem of Government-Parliament relations not easy to solve, with possible consequences at the international legal system level.