Italian Law: Citizenship

Publishing Year 2010 Issue 2010/2 Language Italian
Pages 4 P. 150-153 File size 34 KB
DOI 10.3280/DIRI2010-002010
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1. Tribunal of S. Maria Capua Vetere (Tribunale di S. Maria Capua Vetere ) 7.11.2008 - statelessness - past entry into Italy by minor without parents - exclusion of acquisition of Serbian citizenship - judicial determination of statelessness status - exclusion of previous administrative motion - non-contentious jurisdiction - applicant’s burden of proof - requirement to prove the loss of original citizenship not only by certifications but also by means of conclusive evidence.

2. Tribunal of Turin (Tribunale di Torino) 17.9.2009 no. 6303 - statelessness - foreigner born in Italy to Macedonian parents belonging to former Yugoslavia - parents’ choice of Croatian citizenship following the division of the Federation - non-transferable right to the child - loss of citizenship - absence of conditions for acquisition of Macedonian citizenship - demand for ascertainment of statelessness in Italy as place of residence - granted; judgment for the recognition of statelessness - applicant’s burden of proof - circumstantial evidence is sufficient - exclusion of the requirement to produce the impossible evidence of not being citizen of any state.

3. Administrative Tribunal Latium (Tribunale amministrativo regionale Lazio) 26.11.2009 no. 11771 - citizenship on the basis of ten year residence - rejection for "unreliability from a perspective of public order and civil society" - judgment based on different instances emerged during the preliminary hearing - negative opinion by the police - broad discretion by the state in granting the citizenship status pursuant to Art. 9 Statute 91/90 - legitimacy.

, Diritto italiano: Cittadinanza in "DIRITTO, IMMIGRAZIONE E CITTADINANZA" 2/2010, pp 150-153, DOI: 10.3280/DIRI2010-002010