It is illegal to deny Italian citizenship sought for marriage, after two years of filing the application: the obligation for family unity prevails

Judge ruling: TAR Lazio, Sezione Seconda Quater, sentenza del 29 ottobre 2012, n. 8859

The refusal of application, for the granting of Italian citizenship juris communicatione, is illegal when this has occurred over the established two-year term, established under penalty of forfeiture. Article 8, paragraph 2 of Law no. 91/1992 is interpreted as meaning that the application for citizenship, presented with Article 5 of the Act in mind, can no longer be dismissed after the expiration of the aforementioned deadline, from the date of submission of the same. The legislator considered the prevailing interest in the survival of the State and the safety of people in the area, over the requirement of unity of the family of the Italian citizen married to a foreign person, only for the above mentioned period, thus imposing on the State , for the obvious purpose of ensuring certainty to the judicial positions of the members of the family of the citizen, to carry out the necessary investigations within the above period of time and then subordinating the exercise of power to reject the application for nationality of the persons in question for having exceeded that time-limit.

 

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