Decision of the Regional Administrative Court for Lazio, II Section quarter, No. 6990 of 10 April 2014

The Regional Administrative Court for Lazio stated in this decision that it was not competent to decide on the right of a foreigner, who was a disable person, to apply for the granting of Italian citizenship through his legal guardian. The granting of citizenship had been refused by the competent authorities because the application for Italian citizenship requires a conscious expression of will, which an incapacitated person is unable to make, and which is not admissible if made by a legal guardian. For the applicant, however, such decision was inconsistent with the UN Convention on the Rights of Persons with Disabilities (ratified by Italy in accordance with law No. 18/2009), which recognizes and protects the freedom of persons with disabilities to choose their residence and nationality on an equal basis with the other persons (Article 18). After considering the legal nature of mentioned ‘consent requirement’ under Italian legislation and the relevant jurisprudence, the  Administrative Court for Lazio reached, however, the conclusion that the issue is strictly linked to legal personality issues; it therefore does not fall within the competencies of the administrative courts, but of the ordinary courts.