Italian Law: Citizenship

1. Supreme Court (Corte di cassazione) 29.7.2009 n. 17548 - Italian woman married with a foreigner - automatic loss of citizenship based on Statute 555/1912 - birth of children before entry into force of the Constitution and declaration of reacquisition of Italian citizenship - petition to recognize the children’s civil status as Italian citizens from their birth through their mother - granted; status of Italian citizenship - permanent and imprescriptible nature - recognition of the right both for the woman who had lost automatically the status pursuant to legislation which then was declared unconstitutional and for her children even when born be-fore the entry into force of the Italian Constitution - irrelevance of the declaration of reacquisition of citizenship based on Statute 151/75.
2. Florence Court of Appeals (Corte appello di Firenze) 28.5.2009 n. 750 - judgment to determine the status of statelessness - procedure concerning personal status - analogy with procedures concerning the status of refugee, of adopted child, of disabled, of legitimate or natural child etc. - competence of the tribunal pursuant to Art. 9, para. 2 Code of Civil Procedure on non-litigious jurisdiction - chamber decision also for the determination of statelessness; venue in the place of the applicant’s residence - passive legitimation of the Interior Ministry.
3. Salerno Court of Appeals (Corte appello di Salerno) 20.8.2009 n. 32 - acquisition of the Italian citizenship by minor child of foreign parent who became Italian citizen - non-custodial parent who has not lost parental rights and has visitation rights with the minor child - sufficient to verify the condition of substantive cohabitation - judicial recognition of Italian citizenship pursuant to art. 14 of Statute 91/92.
4. Administrative Tribunal Latium (Tribunale amministrativo regionale Lazio) 30.4.2008 n. 5360 - refusal to recognize Italian citizenship for public order reasons - discretionary activity by the public administration - competence of the Interior Ministry to adopt the measure - omission to communicate the obstructive motives - illegitimacy for failure to evacuate new elements provided by the applicant - evaluation pursuant to Art. 21 octies Statute 241/90 concerning the impact of the violation on the measure’s substantive legitimacy; maximum duration of the proceeding - non-binding nature of the dead-line.

, Diritto italiano: Cittadinanza in "DIRITTO, IMMIGRAZIONE E CITTADINANZA" 1/2009, pp 140-147, DOI: 10.3280/DIRI2009-001012