Hi All,
I got the message below from our lawyer this morning. He and I will be speaking tomorrow morning to talk this over. I would appreciate hearing from you -- any questions, comments, concerns, or considerations. I'll bring those to him and share what I find out. I don't want to make decisions without your input.
Ci Vediamo Presto,
Noah
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I got the message below from our lawyer this morning. He and I will be speaking tomorrow morning to talk this over. I would appreciate hearing from you -- any questions, comments, concerns, or considerations. I'll bring those to him and share what I find out. I don't want to make decisions without your input.
Ci Vediamo Presto,
Noah
- - - - - - - - - -
Hello,
I sincerely hope this message finds you well.
I am writing to provide you with the latest updates on your case, as by the 26th of this month, we need to present the final conclusions to the judge.
Unfortunately, I still do not have good news to report.
For clarity, I will briefly summarize the development of the legal aspects that concern us.
As you recall, there are some judges in the Rome court who have adopted a restrictive interpretation, according to which a minor child of an Italian citizen who naturalized as a foreigner abroad, loses Italian citizenship along their naturalized parent. Among these judges is, of course, the one who issued the rejection ruling in the first instance.
The Court of Appeals of Rome, on the other hand, has adopted until the end of 2023 an entirely different and favorable orientation to the retention of Italian citizenship in the specific case of the minor. Based on this orientation, all negative judgments issued by the first instance court have been appealed and annulled. It was under this circumstance and relying on this favorable orientation that we filed the appeal against the negative first instance judgment in early 2023.
However, in July 2023, an unforeseeable event occurred. The Supreme Court of Cassation issued a ruling adopting exactly the restrictive orientation, similar to that of the judge who rejected our application in the first instance.
It is relevant to mention that since mid-2022, the Rome court is no longer exclusively competent for judicial proceedings for the recognition of Italian citizenship. Therefore, the new orientation of the Supreme Court has not been adopted uniformly until this time. In fact, I continue to receive positive judgments in cases similar to yours from various territorial courts.
However, the Court of Appeals of Rome, which is responsible for deciding on your appeal case, has definitively adopted the restrictive orientation, modifying its previous favorable position. The latest judgments issued by the Court of Appeals in this type of proceeding, the number of which has increased exponentially since the beginning of the 2024, have all been negative, i.e., rejecting the appeal filed.
At this point, it is next to impossible that in the limited time that separates us from our hearing, there could be a new change in the orientation of the Supreme Court or the Court of Appeals of Rome. I must assume with a high probability that our appeal will be rejected by the Court of Appeals of Rome, and that the possible appeal to the Supreme Court of Cassation would have the same outcome.
Considering that the Ministry never appeared in the trial, a possible strategic option is to renounce the appeal process. This would still have the effect of making the negative judgment issued in the first instance final, but with a good chance of avoiding the payment of legal fees for the appeal process (which in any case could hardly be enforced abroad).
I would be happy to speak with you by phone about your case as soon as possible. Please send me a WhatsApp message, and I will get back to you as soon as possible.