Suchergebnisse

The Author analyses the comparative legal profiles of citizenship in the constitutional legal orders of some African, Latin American and Asian countries, providing brief examples. The paper focuses on the following aspects: a) language problems raised by the comparison of different legal orders; b) the concept of citizenship in constitutional law; c) the relationship between the legal status of citizenship and forms of State; d) the configuration of citizenship in Islamic law and in federal States; e) conditions for the acquisition and the deprivation of citizenship, solutions to cases of double nationality, the international effort to tackle statelessness. Adapted from the source document.

The analysis is focused on the results arising from the use of nationality as connecting factor in questions of applicable law to personal relations between spouses who are citizens of States having a non-unified legal system, characterized by the coexistence of different sub-systems of personal law referred to members belonging to diverse religious and ethnic communities, as several States in Africa and Asia regions. The issue will become more and more relevant in a close future before the Italian courts, giving the increasing migrations and the consequently growing number of marriages and divorces to which such composite systems of law should be applied. The Italian and foreign case-law show that the religious and customary laws are often based on principles that may infringe the very concept of international public order. Nevertheless, there are circumstances where the sole diversity of values and cultures should not constitute per se an obstacle for the application of foreign laws in Italy. This result could be aimed by applying a flexible judicial approach on a case by case analysis, maybe giving a special relevance to other connecting factors, instead of citizenship, already used in EU law and in international multilateral treaties in matrimonial matters (such as the closest connection and habitual residence). Adapted from the source document.