Order No. 22165 of 2024: Clarifications on Forfeiture of Parental Responsibility

Recently, Order No. 22165 of August 6, 2024, issued by the Court of Cassation, presided over by Dr. M. A. and drafted by Dr. E. R., has raised important issues concerning parental responsibility. The ruling, in particular, addresses the admissibility of an extraordinary appeal under Article 111, paragraph 7 of the Constitution against decrees issued by the juvenile court declaring forfeiture of parental responsibility. This order is part of a complex legal framework where the rights of minors and the protection of their upbringing are increasingly central.

The Legal Context of Parental Responsibility

In Italy, parental responsibility is a fundamental principle, governed by the Civil Code. It implies the obligation of parents to care for their children and ensure their harmonious development. However, in certain circumstances, it may become necessary to declare forfeiture of parental responsibility, for example, in cases of abandonment or mistreatment. Italian legislation provides for specific appeal remedies, and the order under review clarifies that an appeal to the Court of Appeal is provided for decrees of forfeiture.

The Role of the Extraordinary Appeal

Extraordinary appeal under Article 111, paragraph 7, of the Constitution - Decree of the juvenile court declaring forfeiture of parental responsibility - Admissibility - Exclusion - Rationale. Regarding measures on parental responsibility, an appeal under Article 111, paragraph 7, of the Constitution is not permissible against a decree issued by the juvenile court which, at the conclusion of the proceedings, declares a parent's forfeiture of parental responsibility, as the extraordinary appeal to the Court of Cassation is allowed against decisive measures for which the law provides no appeal remedy, whereas an appeal to the Court of Appeal is provided against a decree of forfeiture of parental responsibility.

The Court of Cassation has excluded the admissibility of the extraordinary appeal for decrees of forfeiture of parental responsibility, recalling the principle that the extraordinary appeal applies only in the absence of other appeal remedies. This clarification is fundamental because it establishes a precise boundary in the interpretation of current legislation, guiding parents and their legal representatives on the actual possibilities for appeal.

Conclusions

In conclusion, Order No. 22165 of 2024 represents a significant step forward in defining the limits of appealability for measures concerning parental responsibility. Parents facing a declaration of forfeiture of responsibility must be aware that an appeal to the Court of Appeal is the only viable route to contest such decisions. The clarity provided by the Court of Cassation not only protects the rights of minors but also offers a more defined legal framework for parents involved in delicate and complex situations.