Judicial Recognition of Stateless Status: Analysis of Order No. 22991 of 2024

The recent order No. 22991 of August 21, 2024, by the Court of Cassation, presided over by Dr. M. A., has prompted an important reflection on the recognition of stateless status. This decision clarifies that judicial recognition is not constitutive in nature, but rather declaratory, a crucial aspect for understanding the legal implications related to the acquisition of Italian citizenship.

The Regulatory and Legal Context

The legal profile of statelessness is governed by various regulatory instruments, including the International Treaty of September 28, 1954, and Law No. 91 of 1992. Article 9, paragraph 1, letter e) of Law No. 91 establishes the requirements for the recognition of Italian citizenship, and the issue of statelessness fits into this context with particular relevance.

The Declaratory Nature of Judicial Recognition

(STATUS OF) Stateless Person - Judicial Recognition of Status - Declaratory Nature - Basis - Factual Circumstances. The judgment concerning the judicial recognition of stateless status, like the administrative measure attesting to this condition, is not constitutive in nature, but declaratory, regardless of the clarity of the evidence offered by the applicant and any request for further documentation. (In this case, the Supreme Court quashed the contested decision, which, on the assumption of the constitutive nature of judicial recognition of stateless status, had made the five-year period of legal residence in the territory of the Republic for the acquisition of Italian citizenship commence from it).

This maxim, as expressed by the Court of Cassation, emphasizes that the recognition of stateless status does not create a new legal situation, but rather declares a pre-existing condition. This means that the five-year period of legal residence required for obtaining citizenship cannot begin to run from the moment of recognition, as the latter does not constitute a new legal basis.

Practical Implications and Conclusions

• Clarity for Judges: The ruling provides clear guidance on how to handle applications for recognition of stateless status.
• Protection of Rights: Recognizing the declaratory nature of recognition helps protect the rights of stateless persons in the Italian context.
• Impact on Citizenship: This decision has a significant impact on the possibility of acquiring Italian citizenship for stateless persons, establishing a more defined framework.

In conclusion, order No. 22991 of 2024 represents an important step in understanding the legislation concerning stateless persons in Italy. The declaratory approach to the issue of judicial recognition not only clarifies the regulatory framework but also offers greater protection to the rights of stateless individuals seeking to integrate into Italian society.