Italian Law: Citizenship

Publishing Year 2010 Issue 2010/1 Language Italian
Pages 15 P. 153-167 File size 77 KB
DOI 10.3280/DIRI2010-001011
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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 before 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" 1/2010, pp 153-167, DOI: 10.3280/DIRI2010-001011