Ministry of Interior: possible to issue a residence permit to the foreign same-sex spouse
Thursday, 08 November 2012 14:13
Ministry of Interior circular explains to police why it is possible to issue a residence permit to the foreign same-sex spouse of an EU citizen.
The circular mentions the judgment of the Court of Reggio Emilia, which is the result of the Affermazione Civile 2.0 campaign promoted by Associazione Radicale Certi Diritti.
Associazione Radicale Certi Diritti Press Release
Rome, 8 November 2012.
We learned that on October 26 of last year, the Ministry of the Interior issued a circular regarding same-sex unions. The circular explains why the police are required to issue a residence permit to the foreign same-sex partner of an EU citizen.
The circular explicitly states that, although Italian legislation does not recognize civil unions or provide any law protecting the rights of same-sex couples, recent decisions of Italian courts have recognized certain rights for same-sex couples as the judiciary, in the exercise of its function, has taken action to fill the legal vacuum in this area of law.
The circular expressly references the judgment of the Court of Reggio Emilia, which is the result of the Affermazione Civile 2.0 campaign promoted by Associazione Radicale Certi Diritti. In its decision, the Court of Reggio Emilia recognized the right of the non-EU citizen same-sex spouse validly married abroad to an Italian citizen to obtain a residence permit in Italy as the family member of an EU citizen. It should be noted, moreover, that this decision was rendered in the wake of the judgment of the Constitutional Court 138/2010 (which is also the result of the Affermazione Civile campaign promoted by Associazione Radicale Certi Diritti and Avvocatura per i Diritti LGBTI (Rete Lenford)) and of the judgment of the Court of Cassation 1328/2011.
Yuri Guiana, Secretary of Associazione Radicale Certi Diritti, states: "This is a recognition of the effectiveness of the judicial process undertaken in 2008 by Associazione Radicale Certi Diritti, in response to a Parliament that is in breach of European requirements, completely paralyzed by the Vatican’s vetoes, and, even worse, indifferent to the warning of the Constitutional Court to recognize ‘the fundamental right [of same-sex couples] to live freely in a state of union.’ It is significant that the circular cites the passage in judgment 138/2010 that recognizes that ‘the right to family unity, which expresses itself in ensuring the cohabitation of the family, is the expression of a fundamental human right.’" Italian judges and the Ministry of the Interior understand that LGBTI rights are human rights, as stated by the U.S. Secretary of State. It remains to be seen when the Italian Parliament will also understand this and enact legislation to ensure compliance.