Protection of Minors: Commentary on Judgment Cass. civ., Section I, No. 17603/2023

On June 20, 2023, the Court of Cassation issued judgment 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 offers food for thought on the regulations applicable to unaccompanied foreign minors and the importance of international cooperation in child protection matters.

Context of the Judgment

The Court examined the appeal filed by A.A., who requested 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 lacked a legal representative upon her arrival in Italy. The Court clarified that the competence to decide on the protection of Ukrainian minors rests with the Italian authorities only in emergency situations, such as those created by the war.

Legal Principles Involved

The judgment is part of a complex regulatory framework, which includes:

• The Hague Convention of October 19, 1996, on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children, applicable in this case.
• Italian Law No. 47/2017, which defines unaccompanied foreign minors and establishes protection procedures.
• Consular regulations, which allow consular officials to adopt 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 highlighted that the appointment of a guardian must also be recognized based on acts issued by the Ukrainian Consul, emphasizing the importance of ensuring continuity of protection for foreign minors in vulnerable situations.

Conclusions

Judgment No. 17603/2023 of the Court of Cassation represents a significant step in Italian jurisprudence regarding the protection of foreign minors. It reaffirms the need for a collaborative approach between states and authorities, especially in emergency situations like the current one. The decision highlights the importance of guaranteeing 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.