Judgment No. 18773 of 2024: Jurisdiction in the Recognition of Residence Rights for Family Reasons

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.

The Regulatory Context

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.

The Judgment's Principle

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.

Practical Implications of the Judgment

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:

  • Clarity on territorial jurisdiction: disputes are now managed by a specific body, reducing the risk of jurisdictional conflicts.
  • Greater specialization: specialized sections can ensure a more thorough analysis of issues related to residence rights.
  • Protection of citizens' rights: more efficient management of disputes contributes to ensuring respect for the rights of non-EU citizens.

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.

Conclusions

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.

Bianucci Law Firm