Arguments Made in Court Against the Tajani Decree

0:00Hello and welcome to another episode of Ask the Italian Lawyer presented by Italian citizenship assistance dot com as well as Italian real estate lawyers dot com. Of course we're back at it again with Italian attorney Marco Pettemunian and I am Rafaia DiForia and in this week's episode I wanted to ask Marco about the case that everybody has been waiting for to be heard in front of the constitutional court in Rome and in particular I wanted to ask Marco about the arguments made by the plaintiffs those who were actually arguing in favor of Italian citizenship by dissent and against the tajani decree. So Marco can you let us know a bit about what was heard during this very important hearing in Rome? There were several arguments that were made in front of the constitutional court and of course one of the key arguments that were made has to do with the fact that individuals who apply for Italian citizenship by dissent are simply going through a retroactive recognition process which means that they were born as Italian citizens and they're simply going through a process to have that right formally recognized and therefore

1:02stripping away a right that was gained at birth is something that is against the Italian constitution and instead the government issued an emergency decree which was effective from the night before which precluded all of those individuals who were simply waiting for an appointment who were on the waiting list who were not able to get an appointment with a consulate to be able to file their applications prior to the cutoff date and with that said what was argued was that there were other potential ways for the government to act regarding the ability to apply for citizenship with a sanguineist for instance the government could have allowed for a grace period or more appropriately the government could have said that only those who were born after the tajani decree went to effect were subject to the new rules whereas all of the individuals who were born before the tajani decree went into effect were going to be subject to the old rules which is exactly what happened in other European countries were basically the new rules were only applicable to those who were born after the new rules went into effect instead the government

2:06decided to blindside people and there's more to that because the government also explicitly said that their goal was to blindside people to avoid a rush to the citizenship applications and therefore they didn't disclose that the tajani decree until the very day in which it entered into effect and it was in effect from the night before affecting millions of people who were Italian citizens from the day in which they were born and this of course also violates the principle of equality because now we have two categories of Italian citizens those who were born abroad who receive a certain treatment and those who were born in Italy who have basically different rights and of course a clear violation of the Italian constitution and since individuals of Italian descent were born as Italian citizens the provision which was put in place by the government is also clearly retroactive which is also an important principle protected by the Italian constitution and therefore in conclusion several basic and very important principles were violated with the

3:12tajani decree and although a decision will not be rendered immediately by the constitutional court that is strong arguments were made in court and we will be waiting for a final decision. Obarco thank you so much for making yourself available today. Of course I'm sure there are going to be many of us who are going to be eagerly watching along to see what will be happening next and of course for more updates be sure that you're subscribed to this youtube channel youtube.com slash Italian citizenship assistance and make sure that you're following at Italian citizenship assistance on social media. Future updates may be given on the Italian citizenship podcast or as the Italian lawyer so being subscribed to the youtube channel is the best place to make sure that you will get all of the information but of course again we have been here with Italian attorney Marco Permunian and I am Raphael de Forti this has been another episode of Ask the Italian lawyer presented by Italian citizenship persistence.com as well as Italian real estate lawyers.com stay safe and healthy out there and we will see you all next time thank you thank you