Titolo From Academia to the (Constitutional) Bench Periodico Diritto pubblico comparato ed europeo Anno: 2015 - Fascicolo: 4 - Pagina iniziale: 1117 - Pagina finale: 1142
The main aim of the paper is to analysethe Italian Constitutional Court's reasoning in this case from a particular analyticalperspective, which is not yet been considered in any of the innumerable commentariesto the decision. More precisely, that perspective will consider if and how ProfessorGiuseppe Tesauro' (the judge rapporteur in this case and the President of the Courtat the time the judgment was adopted) academic thesis connected to the relationshipbetween international customary law and the Constitution may have influenced the ICCreasoning and the outcome of the 238/2014 decision.