Italian Courts and the Immunity of International Organizations

Italian case law on the immunity of international organizations is quite extensive, even though there are only a few international organizations headquartered in Italy. The first cases — mainly labour disputes — date back to the 1930s. While one might expect Italian case law to involve only a few lines of reasoning consistently developed, in fact the relevant cases can be characterised mainly by their inconsistency. This paper first considers the way in which Italian courts have addressed the central issues entailed by the granting of immunity to international organizations: its foundations and scope. It will then analyse the increasingly restrictive approach of the Italian courts, in particular the case law concerning employment claims and the right of access to court.