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The Italian Legislature and International and EU Obligations of Domestic Criminalisation

In: International Criminal Law Review
Author:
Marco Longobardo School of Law, University of Westminster, 4–12 Little Titchfield Street, London W1W 7BY, UK, m.longobardo1@westminster.ac.uk

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Abstract

This article explores the nature and content of international and EU obligations to adopt certain criminal domestic legislation, and the impact that they have on the Italian legislature. In light of relevant international, EU, and domestic law provisions, the article investigates what is required of Italy to implement obligations of domestic criminalisation. It is argued that the Italian legislature is bound to implement obligations of domestic criminalisation both under international law and the Italian constitutional law. The article ends with an overview of the legal consequences that Italy may face for failure to implement international and EU obligations of domestic criminalisation.

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