The civil court of Aalino has referred the Tayani decree to both the Italian Constitutional Court and the European Court of Justice for a review of its provisions concerning minor children of Italian citizens.
Background of the Tayani decree
- Introduced new rules governing the registration of birth certificates for children of Italian citizens.
- Applies retroactively to minors born before the decree’s publication, potentially stripping them of citizenship rights acquired at birth.
The Aalino case
- Several minor children, born to parents already recognized as Italian citizens before the decree, were denied registration of their birth certificates by local municipalities.
- The minors’ legal representatives challenged the refusals, prompting the judge to request a higher‑court review.
Legal questions under review
- Equality principle – Does the decree discriminate against children born before its enactment?
- Retroactivity – Are the decree’s rules unlawfully retroactive, violating the right to retain citizenship obtained at birth?
- Arbitrary deprivation of citizenship – Does the decree constitute an unjust removal of a legally acquired right without a legitimate legislative basis?
- Legal certainty – Does the decree breach the expectation that a right granted at birth can be enforced without later legislative reversal?
Potential implications
- A ruling that the decree violates constitutional or EU law could require municipalities to register the affected birth certificates and may lead to broader revisions of the decree.
- Conversely, upholding the decree would confirm the current restrictive approach to citizenship registration for minors.
Practical advice for affected families
- If you are an Italian citizen whose municipality has refused to register a minor child’s birth based on the Tayani decree, you may:
- File a legal challenge mirroring the Aalino strategy.
- Request a review of the decree’s compatibility with the Italian Constitution and EU law.
Monitoring forthcoming decisions from the Italian Constitutional Court and the European Court of Justice will be essential for understanding the final impact on citizenship rights for minors.
