Protection of Minors: Commentary on the Cassation Court Ruling, Section I, No. 17603/2023

On June 20, 2023, the Court of Cassation issued ruling No. 17603, concerning the appointment of a guardian for the minor C.C., a Ukrainian citizen who arrived in Italy due to the war conflict. This case provides insights into the regulations applicable to unaccompanied foreign minors and the importance of international cooperation in the field of child protection.

The Context of the Ruling

The Court examined the appeal submitted by A.A., who sought recognition of his appointment as international guardian of the minor, based on acts issued by the Ukrainian authority. However, the Juvenile Court had already appointed an Italian guardian, B.B., considering that the minor was without a legal representative upon her arrival in Italy. The Court clarified that the authority to decide on the protection of Ukrainian minors lies with the Italian authorities only in emergency situations, such as those created by war.

Legal Principles Involved

The ruling is situated within a complex regulatory framework, which includes:

  • The Hague Convention of October 19, 1996, on the protection of minors, applicable in the case at hand.
  • Italian Law No. 47/2017, which defines unaccompanied foreign minors and establishes the modalities of protection.
  • Consular regulations, which allow consular officials to take measures for the protection of minors.
The Court upheld the appeal, declaring the effectiveness in Italy of A.A.'s appointment as guardian of the minor C.C., confirming the validity of the consular act.

The Court emphasized that the appointment of a guardian must also be recognized based on acts issued by the Ukrainian Consul, highlighting the importance of ensuring continuity of protection for foreign minors in vulnerable situations.

Conclusions

Ruling No. 17603/2023 of the Court of Cassation represents a significant step in Italian jurisprudence regarding the protection of foreign minors. It reaffirms the necessity of a collaborative approach between States and authorities, especially in emergency situations like the current one. The decision underscores the importance of safeguarding the rights of minors and recognizing the validity of acts issued by authorities of other States, particularly when it comes to protecting the most vulnerable.

Bianucci Law Firm