Francesco Seatzu
L’affaire Almasri et les obligations internationales de l’Italie: une violation du devoir de coopération ou une décision politique justifiée?
The Almasri case raises complex questions about Italy’s compliance with its obligations under international law, particularly regarding the duty of sincere cooperation within the European Union. This principle, which is fundamental to the proper functioning of the European legal order, requires Member States to act in a coordinated manner and to uphold the commitments undertaken within the framework of the EU treaties and norms. To assess whether Italy has met its obligations, it is essential to examine the applicable legal frameworks at both the international and European levels, including the EU treaties, provisions on fundamental rights, and the general principles of international law. Moreover, a detailed analysis of the measures taken by the Italian authorities in this case is necessary to determine whether they are consistent with the normative requirements and with the principles of cooperation and solidarity that govern relations among Member States. The aim of this article is to evaluate whether Italy’s actions in the Almasri case are in line with its international commitments or, on the contrary, constitute a violation of its legal and ethical obligations under European and international law.
15 Maggio 2025