Francesco Capoterti – Wikipedia

Francesco Capotorti (Naples, February 9, 1925 – Naples, April 4, 2002) was an Italian jurist and judge.

Graduated in Law at the University of Naples in 1945, he was appointed assistant at the chair of international law, and then obtained the chair of institutions of public law in 1954. After teaching the universities of Cagliari, Bari and Naples, he was a teacher since 1974 of private international law in Rome remaining in the role until 1994. In addition to international law, the formation of Caporti extended to various other branches of law, as evidenced by the variety of subjects taught, such as public, constitutional law, history of the treaties and the International politics, state doctrine.

Starting from the early 1950s, the European integration process started by the establishment of the European Coal and Accounts Community saw the first scholars of Community law, to which he dedicated both studies of general scope on institutions and legal sources, and monographs on specific issues such as competition and the right of companies.

The role of consultant on behalf of the Italian Government at the main international bodies made him one of the most active protagonists of Community integration. Between 1960 and 1973 he was the Italian representative at the United Nations General Assembly, then a member of the United Nations Special Committee for the question of the definition of the attack, and later component of the subcommittee of the United Nations for the fight against the measures discriminatory and the protection of minorities. He was judge of the Court of Justice of the European Communities of Luxembourg from 3 February to 6 October 1976, and then a lawyer general at the same court until 6 October 1982.

In Luxembourg Capotorti worked closely with the architects of the European integration project and became one of the main collaborators of Altiero Spinelli, president of the institutional commission. In 1983 he contributed to a passage of great importance in the construction of the foundations of the European Union, taking care of colleagues Meinhard Hilf, Francis Jacobs and Jean-Paul Jacqué the final drafting of the European Union project project together with colleagues Meinhard Hilf. Spinelli, who brought the project to the approval of the European Parliament, judged the contribution of the Neapolitan jurist decisive and warm his candidacy for the subsequent European elections, as independent for the list of the Italian Communist Party. However, Capotorti, always close to the Italian Socialist Party, preferred to move away from the political scene by dedicating himself completely to the scholar activity.

Chosen writings by Francesco Capotorti

• “Reprisals” exercised by the occupant for hostile acts of the enemy population , in Review of public law , II, nº 2, Naples, Jovene, April-June 1947, pp. 112–125; then on The criminal hole , March-April 1948, pp. 111–124.
• Employment in the right of war , 1949.
• Legal qualification of the massacre of the Fosse Ardeatine , in Review of public law , IV, nº 1, Naples, Jovene, January-March 1949, pp. 170–192.
• The nationality of the companies , 1953.
• Premises and functions of private international law , 1961.
• The prospects for action of the United Nations in the field of freedom of information , 1964.
• (Con Meinhard Hilf, Francis Jacobs, Jean-Paul Jacqué) The European Union Treaty. Commentary on the project adopted by the European Parliament, February 14, 1984 , Brussels, Editions of the University of Brussels, 1985, pp. 211–230.

Written in memory of Francesco Capotorti

• Become social and adaptation of the law. Studies in honor of Francesco Capotorti , Milan, Giuffré, 1999.