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

The recent judgment No. 18773 of July 9, 2024, has generated considerable interest in legal circles, particularly concerning disputes related to the right of residence for non-EU citizens who have family ties with citizens of the European Union. The Court has clarified the modalities for attributing jurisdictional competence for cases initiated after August 17, 2017, highlighting the importance of specialized sections of the Tribunal.

The Regulatory Context

Following the entry into force of Law No. 13 of 2017, as amended by Law No. 46 of the same year, the legal landscape concerning the right of residence 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 law's entry into force are attributed to the Specialized Sections of the Tribunal. This is crucial for ensuring a more effective and competent management of such sensitive matters.

The Ruling's Headnote

CONDITION OF THE GENERAL RULE. Following the entry into force of Law No. 13 of 2017, converted with amendments by Law No. 46 of 2017, the lawsuits and judicial proceedings referred to in Article 8 of Legislative Decree No. 30 of 2007, arising after the 180th day from the decree's entry into force (and therefore from August 17, 2017), concerning the recognition of the right to a residence permit based on family reasons, are attributed to the Specialized Sections established within the Tribunal in whose district the authority that issued the measure is based, and therefore to the Tribunal of Rome, where the Ministry of Foreign Affairs is located, of which the consular offices competent for issuing entry visas are a peripheral branch.

This headnote highlights the centrality of the Tribunal of Rome for disputes concerning the right of residence for family members of EU citizens, emphasizing the importance of having a specialized legal body in this matter. The Specialized Sections were established precisely to ensure a faster 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 food for thought not only for legal professionals but also for all those who find themselves 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: the Specialized Sections can ensure a more in-depth analysis of issues related to the right of residence.
• Protection of citizens' rights: more efficient dispute management 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 just.

Conclusions

In conclusion, judgment No. 18773 of 2024 not only clarifies important aspects of jurisdictional competence in matters of the right of residence for family reasons but also marks significant progress in the protection of the rights of foreign citizens in Italy. The specialization of the Tribunal's Sections will contribute to ensuring fairer and more timely justice, which is fundamental in an increasingly multi-ethnic and intercultural social context.