The Supreme Court of Cassation, the highest court in the Italian justice system, held a hearing on Tuesday (14) in Rome on the interpretation of the 1912 law which defines who is considered an Italian citizen by birth. The decision, which could directly impact the current rules of citizenship by right of blood, should be released within two months.
to the lawyer Marco MelloneAccording to the judge, who acted in defense of the descendants, the hearing was positive and reinforced the argument that the right to citizenship exists from birth.
According to him, the debate focused on two main issues. "Firstly, the question of the application of the Tajani Decree. Secondly, the loss of citizenship for minor children of Italians who have become naturalized in another country," he explained.
Mellone argued that the decree cannot affect people who were born with Italian citizenship. "We clearly stated that the decree cannot be applied to those who were born Italian citizens," he said.
According to the lawyer, the Attorney General's Office supported this interpretation. "The Attorney General stated that all descendants have the right to citizenship from birth and that they cannot lose it against their will," he declared.
Another point raised was the constitutionality of the loss of citizenship for minors. Mellone stated that he requested the Court of Cassation to refer the matter to the Constitutional Court. "I asked that the rule providing for the automatic loss of citizenship for minors be declared unconstitutional," he said.
He emphasized that this loss occurs without any expression of will, which, according to his argument, violates principles of the Italian legal system.
The lawyer also highlighted that the judges attentively followed the presentations. "The judges were attentive, taking notes, and I am confident that the decision can help the descendants," he stated.
According to him, the expectation is that the sentence will be announced in sixty days. "A decision should come out in the next 30 to 60 days," he said.
Mellone also addressed a possible legal scenario should the Constitutional Court validate the decree. According to him, there may still be room for an interpretation favorable to the descendants.
"It is possible for a law to be considered valid, but interpreted in a way that does not affect rights acquired from birth," he stated.
In this case, he explained, decisions by the Court of Cassation can guide the Judiciary. "The Supreme Court's decisions are binding and can guarantee the recognition of citizenship through the judicial process," he said.
The lawyer also stressed the importance of the trial. "We are talking about the highest court in Italy. There is no higher court," he stated.
Finally, he criticized the effects of the Tajani Decree on descendants. "What happened was serious. Millions of Italian citizens woke up without citizenship overnight," he declared.
According to Mellone, the Court's stance is crucial to avoid setting precedents. "If there isn't a clear position, a dangerous precedent is set in the Italian legal system," he concluded.
Next Steps
The issue will also be analyzed by the Constitutional Court. Three lawsuits, originating in the courts of Campobasso and Mantua, question the validity of the law that restricted citizenship, known as the Tajani Decree.
The main argument is that the change could not have been made by decree-law, due to a lack of urgency. This point will be central to the trial scheduled for June 9th.
According to legal experts, this may be one of the last opportunities, in the short term, to define the current rules for Italian citizenship by descent.
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