Il Presidente della Repubblica e il rispetto degli obblighi internazionali: in margine al primo rinvio alle Camere per contrasto con l'art. 117, 1° comma, Cost.

On 27 October 2017, the President of the Republic Mattarella, pursuant to Article 74, paragraph 1, of the Constitution, refused to promulgate a law on account of a possible breach of Italy’s obligations under the Mine Ban Treaty and the Convention on Cluster Munitions. The President detailed the reasons for his refusal in a message to Parliament. Although the content of this message is questionable to some degree, it is argued that the President’s choice to make use of his constitutional powers to ensure compliance with international obligations should be welcomed and should form a precedent for the future activity of the Presidency. The President’s preventive control on legislation may prove particularly important in situations where— as in the case at hand — a conflict between national law and international law would not be rectifiable through ex-post judicial review.