GirlChat #469545


Interesting conflict of jurisdictions

Posted by qtns2di4 on 2009-May-07 04:14:40 EDT, Thursday
In reply to Italian criminal code posted by kratt on 2009-May-06 22:34:54 EDT, Wednesday

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Whatever the Italian law says, Berlusconi has successfully changed it to his benefit many times already, so I can see him doing it again, and frankly, I don't see anyone in Italy complaining about that one law change.

It would be different for foreigners, though. Extraterritorial laws, which include EU directives on the subject, would probably mean a conflict will arise between enforcing the law or respecting immunity. In such an event, obviously, immunity will be given preference, because you don't want to alienate an European partner. The problem will come later, when someone else uses that precedent to question extraterritorial laws. In the end, there will have to be a clear decision by a court (and that might itself vary from country to country unless the European Court itself decides it) over which takes precedence and why. The "and why" is very important - might set a strong legal theory either way that would last for decades.



qtns2di4


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