The rules of the Salvini Decree on citizenship and immigration law are unconstitutional and overwhelming consolidated laws, first of all the principle of non-retroactivity.
A new law has effects only on the cases that occur from its approval onwards. The Salvini Decree on security, in matters of immigration law and citizenship, has blocked dozens of practices that should have already been resolved.
Lazio TAR applies the anti-constitutional rules on citizenship and the decline of the Public Administration
The Salvini Decree extended the time to process recognition of citizenship by marriage from 2 to 4 years.
In addition, the decree abrogated the paragraph 2 art.8 of the L.91 / 92 that stated that “in the case of useless course of the 2 years in the procedures of citizenship by marriage, the Ministry can no longer issue of refusal for reasons of public order”. On this matter, we have already written HERE.
This right attributed to P.A. weakened the subjective right of the non-EU immigrant, acquired after the legal union with an Italian citizen.
In case of inaction of the P.A., after 2 years, the non-EU citizen fully re-enacts the RIGHT to get the decree of recognition of citizenship.
The materialization of the unconstitutionality of the Salvini Decree in the procedures in progress.
The Salvini Decree, extending the effective time from 2 to 4 years, established that the entire law applies to all procedures in progress, including those that have passed the 2 years of effect before the entry into force of the decree.
And it is here that the unconstitutionality of the Salvini Decree materializes.
Procedures of citizenship by marriage, which due to slow bureaucracy are still ‘undefined’, after the entry into force of the Decree, can not be affected by the abrogation of Article 8 paragraph 2, because the power to deny the recognition of the citizenship of the P.A. has already lapsed.
The infringement of the principle of non-retroactivity of the law and the TAR Lazio judgment.
For all those procedures that are still in progress, despite the expiration of ex art. 8. Paragraph 2. L. 91/92 is a fact already established, legal and defined and can not be violated by a subsequent law.
Indeed, the constitutional principle of non-retroactivity of the law stipulates that a subsequent law can not modify cases already crystallized and defined antecedently.
Find out more about how to get Italian citizenship iure matrimonio HERE
