In a case concerning an application for statelessness determination, the Italian Court of Cassation found that the ordinary judiciary had jurisdiction over the matter and that the Ministry of Domestic Affairs was the right defendant in this case.
- 1954 Convention
- Italian Code of Civil Procedure (ICCP)
The applicant, having left the Socialist Republic of Cuba and not returned for over eleven months, lost his Cuban nationality rights, including the right to permanently return to his country, and sought to be declared stateless under the Italian judicial statelessness determination procedure. After the Court of Reggio Emilia initially accepted the request, the Ministry of Domestic Affairs appealed, arguing that the claim should be inadmissible and that the administrative procedure should be followed first. The Court of Appeal of Bologna declared the claim inadmissible, leading to the current appeal.
The applicant argued that the Ministry of Domestic Affairs' power to certify statelessness does not preclude a judicial determination of statelessness and that the administrative route cannot deny the applicant's right to a legitimate interest. The applicant also contended that the Court of Appeal erred in denying the jurisdiction of the ordinary judge and that the matter of personal status pertains to subjective rights, which should be protected by the ordinary judiciary.
The Ministry of Domestic Affairs and the Prefecture of Bologna, as the opposing parties, maintained that the applicant's claim was inadmissible and unfounded, insisting on the administrative procedure for statelessness determination and challenging the jurisdiction of the ordinary judiciary.
The Court of Cassation found that the ordinary judiciary has jurisdiction over the matter, as the administrative procedure cannot limit the right to a judicial determination of statelessness. The Court also held that the Ministry of Domestic Affairs is the correct defendant in such cases, as it has the power to certify statelessness administratively. The Court reasoned that the administrative route is limited to documentary evidence, while the judicial route can use all legal means of proof.
The Court of Cassation accepted the appeal, declaring the jurisdiction of the ordinary judiciary, and annulled the decision of the Court of Appeal of Bologna, remanding the case for a new decision on the merits of the statelessness claim.