The Right to Family Unity and the Responsibility of Public Administration

Living separated from loved ones due to bureaucratic inefficiencies or incorrect administrative decisions is one of the most painful experiences a person can face. When Public Administration illegitimately denies or unjustifiably delays the issuance of a residence permit for family reunification, it is not merely a formal violation but a profound infringement of fundamental human rights. As a compensation lawyer in Milan, Avv. Marco Bianucci fully understands how these situations generate suffering, stress, and concrete existential damage that deserves to be recognized and compensated.

The right to family unity is protected by both the Italian Constitution and international conventions. However, it often happens that Police Headquarters or Prefectures issue denial orders based on incorrect assessments, or that waiting times far exceed legal limits, effectively preventing cohabitation between spouses or between parents and children. In this context, it is not enough to obtain the annulment of the illegitimate order; it is essential to act to obtain compensation for the damages suffered due to that unlawful conduct by Public Administration.

When Denial Becomes a Source of Compensation

Italian jurisprudence has made significant progress in recognizing the civil liability of Public Administration in immigration matters. When a denial of a residence permit or a nulla osta for reunification is declared illegitimate by the Judge (Administrative or Ordinary), the path for compensation claims opens up. The legal basis lies in the fact that the PA's activity must comply with the principles of legality, impartiality, and good administration. If the administration violates these principles, causing unjust damage to the foreign citizen or the Italian family member, it is liable for compensation.

The compensable damage is not only material damage (expenses incurred unnecessarily, travel, legal costs) but, above all, non-material damage. In these cases, we speak of existential damage and damage to the quality of life: forced family separation, anxiety arising from the uncertainty of one's legal status, and the deprivation of parental or spousal relationships constitute serious harm that must be quantified and awarded.

The Bianucci Law Firm's Approach to Compensation

Facing a lawsuit against the Ministry of the Interior or other public administrations requires a meticulous procedural strategy. The approach of Avv. Marco Bianucci, as a compensation lawyer with an office in Milan, is distinguished by a thorough analysis of the causal link between the administration's error and the prejudice suffered by the client. We do not limit ourselves to denouncing the illegality of the act but build a solid evidentiary framework to demonstrate the devastating impact that such an act has had on the client's family life.

Our activity focuses on collecting documentary and testimonial evidence attesting to the suffering endured during the period of forced separation. We analyze every detail of the administrative procedure to highlight the administration's fault, an essential element for establishing the compensation claim pursuant to art. 2043 of the Civil Code. The goal of the Bianucci Law Firm is to ensure that the client not only obtains the rightful document but also fair compensation for the time and peace of mind that were unjustly taken away.

Frequently Asked Questions

Is it possible to claim compensation solely for the delay in issuing the permit?

Yes, so-called damage from delay is applicable when Public Administration unreasonably exceeds the legal deadlines for concluding proceedings, causing concrete prejudice to the applicant, especially if such delay has prevented the exercise of fundamental rights such as family unity or access to work.

What types of damages are compensated in case of non-reunification?

Primarily, non-material damage is compensated, understood as damage to the constitutionally protected sphere of the family (infringement of the kinship relationship). The duration of the separation, the age of any minor children involved, and the psycho-physical stress suffered are assessed. Documented material damages can also be claimed.

What happens if the denial is annulled by the TAR?

The annulment of the denial by the TAR (Regional Administrative Court) or the Ordinary Judge is the fundamental prerequisite for a compensation claim. Once the illegality of the act is established, it is possible to proceed, with the assistance of a compensation lawyer, with a civil lawsuit for the quantification and award of the damages suffered.

How long do I have to take action against Public Administration?

The right to compensation for damages arising from an unlawful act by Public Administration generally prescribes within five years from the moment the right can be asserted, i.e., from when the denial was declared illegitimate or the permit was finally issued.

Request a Case Evaluation in Milan

If you have suffered an unjust denial or an unacceptable delay in family reunification procedures, do not resign yourself to mere waiting. The protection of your rights and your family requires professional and decisive intervention. Contact Avv. Marco Bianucci to analyze your situation and assess the grounds for a compensation claim. The Bianucci Law Firm awaits you in Milan, at Via Alberto da Giussano 26, to define the most effective strategy for your case.