Florence Court of Appeal p.963/2020 R.G.V.G.
The Court of Appeal of Florence acknowledged the possibility of proving, also by means of evidence and through the use of testimony, the requirement of continuous presence in Italy for the purposes of the recognition of citizenship pursuant to Art. 4, par. 2 of Law no. 91/1992 (new eighteen year olds born born in Italy).
In this regard, in accordance with the principle that the failure of parents to comply with their obligations cannot have a negative impact on the exercise of the rights of minors, the procedures for discharging the burden of proof are simplified.
According to the court of second instance, "the burden of proof has thus been simplified for the aspiring citizen, who can provide proof of continued residence by any documentary means, since he cannot be blamed for faults or failures on the part of his parents or public administrations for which there is no documentation proving the requirement in question, thus allowing proof to be provided by any means".
In other words, "The experience of [omissis] in Italy can be considered proven by a joint reading of the different documents produced, among which the acts of the proceedings concerning the suspension of the parental authority of [omissis]'s parents, which contain references to past events concerning the family unit, the report of the social workers who were in charge of the then minor [omissis], which describes in more detail the episodes of the same, the statements of Mr. [omissis], who used to take care of [omissis], and the statements of Mr. [omissis], who used to take care of [omissis] in the past. Mr [omissis], who used to attend the family home because at the time he was a social worker in charge of supporting the reintegration of Ms [omissis]'s brother for a long period of time and in any event from 2004 onwards."
Prof. Avv. Paolo Iafrate
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