Four decisions forwarded to Italian Constitutional Court They discuss key points of current Italian citizenship legislation. The cases involve distinct questions and may have different outcomes.
The focus is on the courts of Turin, Mantua, and Campobasso, the latter with two rulings, regarding the so-called Tajani Decree.
The explanations were detailed by the lawyer. Andrew Montone.
What is being debated in Turin?
In the case of Turin, the central point is article 3 bis, which restricts Italian citizenship. jure sanguinis For descendants born abroad, considering that they did not acquire nationality if born outside Italy with another citizenship, unless there is a close ancestor born in Italy or prior residence of a parent.
The Supreme Court reaffirmed: citizenship is born with the person.
- New legal front opened
- Processes can still be filed.
- Individual assessment before any decision.
According to Montone, the judge who referred the matter to the Court in Turin "is addressing the issue of Article 3 bis, which concerns the aspect of the retroactivity of the law, or as a matter of loss of Italian citizenship."
He states that there have been several legislative changes related to the topic.
Also related to the debate is Article 19, which provides for the reversal of the burden of proof. According to the lawyer, "this article, in a way, by reversing the burden of proof, other issues there deserve attention, which will be a procedural matter that we will also need to raise in this regard."
In practice, according to him, "if the judges stick to the objective issue of article 3 bis, the question of retroactivity would fall away, but other issues would still need to be evaluated by local judges," including the reversal of the burden of proof.
What is being debated in Mantua?
In Mantua, the debate is different.
The discussion involves procedural issues related to the drafting of the decree.
Montone states that the questioning is linked to the "formal aspect of the decree," which would be violating the principle of legality, since "such an important and sensitive matter should not be dealt with by decree."
If the Court recognizes the procedural defect, the decree may be considered unconstitutional.
What is being debated in Campobasso?
Campobasso's two sentences follow the same line as Mantova's.
They also face procedural challenges regarding the formal validity of the decree.
According to Montone, if there is a declaration of unconstitutionality, "the decree could be completely overturned." In that scenario, "it would revert to the normalized aspect, that is, Law 91 of 92, including the overturning of this aspect regarding the reversal of the burden of proof."
What can happen
There is still no definition regarding the scope of the Turin decision nor the order in which the cases will be judged.
Montone states that "it will depend a lot on the rapporteur." (of John Pitruzzella) and how it will be dealt with."
The Constitutional Court's decision changed the landscape. The new citizenship law will now be reviewed by the European Union's courts of justice.
He also points out that "many things can still emerge, many new things regarding this."
The hearing on March 11 The decision regarding the Turin case at the Constitutional Court remains unchanged. The Mantua case is scheduled for June 9th. In both cases, the rapporteur will be... John PitruzzellaThe two cases involving Campobasso do not yet have a scheduled hearing.
