ABSTRACT: The present paper comments the judgment 258/2017, in which the Constitutional Court declared unconstitutional the provision that made the duty to swear on oath of loyalty to the Republic a mandatory condition of acquiring the Italian citizenship. The reason for the ruling was that this provision did not exempt the case of individuals who are unable to take the oath because of their disability. This judgment testifies to the ‘human’ feature of Italian law, which can therefore show empathy with specific situations. Interestingly, the Constitutional Court emphasises all the ‘inclusive’ of the Constitution, which ensures specific protection to weak individuals, such as people with disability, in line with the personalist principle.
Disabilità e acquisto della cittadinanza. Prime notazioni a margine della sent. n. 258 del 2017 della Corte costituzionale
Alberto Randazzo
2019-01-01
Abstract
ABSTRACT: The present paper comments the judgment 258/2017, in which the Constitutional Court declared unconstitutional the provision that made the duty to swear on oath of loyalty to the Republic a mandatory condition of acquiring the Italian citizenship. The reason for the ruling was that this provision did not exempt the case of individuals who are unable to take the oath because of their disability. This judgment testifies to the ‘human’ feature of Italian law, which can therefore show empathy with specific situations. Interestingly, the Constitutional Court emphasises all the ‘inclusive’ of the Constitution, which ensures specific protection to weak individuals, such as people with disability, in line with the personalist principle.Pubblicazioni consigliate
I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
