The recent Judgment No. 18773 of July 9, 2024, has generated considerable interest in the legal field, particularly regarding disputes related to the residence rights of non-EU citizens with family ties to European Union citizens. The Court clarified the methods of jurisdiction assignment for cases initiated after August 17, 2017, highlighting the importance of specialized sections of the Court.
Following the entry into force of Law No. 13 of 2017, amended by Law No. 46 of the same year, the legal landscape concerning residence rights for family reasons has undergone significant changes. In particular, Article 8 of Legislative Decree No. 30 of 2007 defined the procedures for recognizing such rights, establishing that cases arising after the 180th day from the entry into force of the law are assigned to the specialized sections of the Court. This is crucial for ensuring a more effective and competent management of such delicate issues.
CONDITION OF THE In general. Following the entry into force of Law No. 13 of 2017, as amended by Law No. 46 of 2017, the cases and judicial proceedings referred to in Article 8 of Legislative Decree No. 30 of 2007, arising after the one hundred and eightieth day from the entry into force of the decree (and thus from August 17, 2017), concerning the recognition of the right to a residence title based on family reasons, are assigned to the specialized sections in the matter established at the Court in whose jurisdiction the authority that issued the provision is located, and thus at the Court of Rome, where the Ministry of Foreign Affairs is located and whose consular offices competent for issuing entry visas are a peripheral structure.
This principle highlights the centrality of the Court of Rome for disputes concerning the residence rights of family members of EU citizens, emphasizing the importance of having a specialized legal body in the matter. The specialized sections were established precisely to ensure a quicker and more adequate response to complex situations, such as those related to the rights of foreigners.
Judgment No. 18773 of 2024 offers reflections not only for lawyers but also for all those facing similar situations. The practical implications can be summarized in the following points:
This judgment, therefore, represents a step forward in the protection of citizens' rights and in the simplification of legal procedures, making the legal system more accessible and fair.
In conclusion, Judgment No. 18773 of 2024 not only clarifies important aspects of jurisdiction in matters of residence rights for family reasons but also marks a significant progress in the protection of foreign citizens' rights in Italy. The specialization of the Court's sections will contribute to ensuring a fairer and more timely justice, essential in an increasingly multiethnic and intercultural social context.
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abduction of minors abuse acceptance acceptance of inheritance accumulation of claims action for reduction adjustments adoptability adoption adult children adults adversarial proceeding agreements agricultural contract agriculture alimony allocation of the marital home allowance review ascendants assessment notice assignment of family home assisted negotiation autonomy bare ownership Bergamo best interest of the child best interests of the child biological truth biparentality birth grant building cooperative burden of proof cancellation capacity to understand case law Cassation Cassation ruling change of residence charge child abduction child custody child hearing child protection Child Rights child support child's best interest child's hearing children children's needs children's rights children's welfare children’s rights civil law civil liability civil status acts civil union co-declarant co-ownership co-parenting cohabitation cohabitation more uxorio collation compensatory 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