O lawyer Marco Mellone He stated that the legal debate on Italian citizenship is following the wrong path. The statement was made during a live broadcast by the Natitaliani association, this Monday (4).
Commenting on the recent decision of the Constitutional Court, published last Thursday (30), Mellone criticized, in a way, the haste of the discussions. According to him, the focus has been directed to aspects which should not be a priority.
"For me, too much importance has been given to the constitutional appeal so far," he said. He added that "too much importance has been given to this avenue for challenging the new law before the Constitutional Court."
Focus off-center
According to the lawyer, the analysis should begin with the application of the rule to specific cases within the ordinary justice system. "Perhaps we have forgotten that this issue, before being constitutional, is a question of the applicability of the rule," he stated.
He explained that constitutional review is a subsequent step. "Constitutional control comes after the analysis of the applicability of the rule."
According to Mellone, reversing this order compromises the debate and shifts the discussion away from its central point.
Order of instances
Another point raised was the role of the institutions. "In this case, the Constitutional Court intervened before the ordinary courts, and that was the problem," he stated.
He argued that it is up to the ordinary courts to determine whether a rule is applicable to a specific case before any constitutional analysis.
According to Mellone, the constitutional route was prioritized over this initial stage, which compromised the conduct of the legal debate.
Criticism of the decree
The lawyer also questioned the application of the so-called Tajani Decree to cases of citizenship by jus sanguinis. "The decree is not applicable to those who have already received citizenship status since birth," he said.
He stated that the rule attempts to regulate situations that are already established. "You don't regulate something that has already been regulated, something that is already exhausted."
Mellone emphasized that "it is not applicable to situations where the law has already intervened definitively."
Direct criticism of the decision
Commenting on the content of the judgment, Mellone was direct. "There is not a single line of this decision that can be legally approved."
He also stated that "we are facing a decision that is not only legally wrong, but also poorly drafted."
According to the lawyer, this weakness opens the door to challenges. "It's easily attacked from all points of view, and that's what we'll do."
Next Steps
Mellone indicated that the dispute will continue in the courts. "The cards must be played on the ordinary justice system," he said.
He also mentioned new developments. "On June 9th, the battle will continue in the Constitutional Court as well."
Despite the criticism, he expressed confidence. "My expectations remain intact, this is not rhetoric."
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