Criminal Law Observatory · – 23 July 2026
In judgment No. 143 of 2026, delivered in the constitutional review proceedings brought by the Rome Court of Appeal, the Constitutional Court held that the Minister of Justice has no discretionary power to screen cooperation requests coming from the International Criminal Court: once a request is received, it must be forwarded without delay to the Prosecutor General at the Rome Court of Appeal, who holds the judicial initiative provided for by the statute implementing the Rome Statute.
The ruling redraws the line between political direction and international cooperation duties, narrowing the government’s margin of assessment over ICC requests. For defence counsel and for entities exposed to proceedings with a supranational dimension, it brings greater predictability to surrender and cooperation channels: enforcement decisions return to the judicial sphere, with guarantees of legality and oversight worth monitoring from the earliest stages.
Summary note by Studio Legale Petrali, based on specialised legal sources (Giurisprudenza Penale Web, ISSN 2499-846X). This text does not reproduce the original contribution and does not constitute legal advice.