A new proposal in Italy's 2025 Budget Law could transform how Italian citizenship processes are handled. If approved, the measure would allow for the dismissal of lawsuits if mandatory fees are not paid. “unified contribution”, are not paid, ensuring greater transparency and avoiding unexpected charges to customers.
Termination of proceedings for non-payment
The decree signed by President Sergio Mattarella this Wednesday (23) plans to introduce significant changes to the Code of Civil Procedure, with the new article 307-bis.
It stipulates that, “at the first hearing, the judge must verify whether the payment of the ‘unified contribution’ was made correctly.” If there is an omission or partial payment, the party will have “30 days to regularize the situation; otherwise, the process will be terminated.” The new proposed value of the fee for citizenship processes would be “600 euros per applicant”, if the 2025 Budget Law is approved.
Strong reactions from lawyers and declaration of unconstitutionality
The change aims to hold accountable lawyers who often do not pay fees, surprising clients with charges for Inland Revenue. However, the proposal generated strong resistance from several legal entities.
O Congressional Forensic Organization (OCF) called the measure “unconstitutional,” arguing that it gives the judge “powers of financial administration,” which is considered unacceptable, according to the legal blog NT Plus Diritto, from Il Sole 24 Ore.
They state that “the fight against tax evasion should not suppress constitutional rights” and argue that the responsibility for paying taxes should lie with the citizen, not the lawyer.
Furthermore, the Forensic Movement expressed similar concerns, stressing that “justice cannot be just for the few or, in this case, for the rich” and that “access to justice, constitutionally guaranteed by article 24, cannot and should not be conditioned on compliance with tax obligations”.
A National Forensic Association recalled that a similar effort was made in 2022, “but the government was forced to withdraw the proposal due to its evident unconstitutionality.”
For the Secretary General of the ANF, Giampaolo Di Marco, “it is unacceptable to put citizens in a position where they have to resort to justice, which cannot be a right only for the wealthiest.” “Once again,” he adds, “we feel the unpleasant sensation of a State that makes citizens pay for its inefficiencies. The fight against tax evasion does not involve suppressing constitutional rights, but rather by organizing a system capable of quickly recovering taxes owed.”
According to Carlo Foglieni, president of AIGA (Associazione Italiana Giovani Avvocati): “Therefore, there is a risk of once again transferring to the forensic class responsibilities that are not part of the defensive function, which could even lead to the need to 'anticipate' the “unified contribution” so as not to have the process declared extinct”.
It is important to note that neither the Forensic Movement nor the Forensic Congressional Body (OCF), among other associations—despite the seriousness of the proposal—have mentioned anything about Article 106 of the Decree, which intends to increase the value of the "unified contribution." According to the proposal, processes related to the recognition of Italian citizenship would then be subject to a... fee of 600 euros per applicant, regardless of whether the petition is joint.
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