Glosa do wyroku włoskiego Sądu Konstytucyjnego z dnia 22 października 2014 r., nr 238

Abstract

The commented judgment makes the essence of the right of access to court an ius cogens norm - as such it takes precedence over state immunity that amounts only to a customary rule. At the same time it maintains the necessary balance between interests of entities recognized by international law and individuals, which had not been accomplished by the International Court of Justice, the Italian legislator or the national courts of other countries, including the Polish Supreme Court.