L’acquisto della cittadinanza per residenza in Spagna. La rivincita dei concetti giuridici indeterminati sulla discrezionalità amministrativa

• Autores: Chiara Cudia
• Localización: Diritto pubblico, ISSN 1721-8985, Vol. 29, Nº. 1, 2023, págs. 179-228
• Idioma: italiano
• Títulos paralelos:
  • The Acquisition of Nationality by Residence in Spain: The Revenge of Indeterminate Legal Concepts over Discretionary Power
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• Resumen

  • The work focuses on the comparison between Spain and Italy with reference to the acquisition of citizenship by naturalization. In the two systems, despite the similar legal framework, there is a clear interpretative divergence: the requirements for obtaining citizenship on one side (Spain) are appreciated as indeterminate legal concepts and on the other side (Italy) as expression of administrative discretion. Hence, the aim of the analysis is first to verify whether another way of approaching the problem is possible as an alternative to the Italian one. In addition, to assume that a strong influence is triggered by the different organization of the judicial system, which has been assigned in Spain to a specialized judge and in Italy to a special one. This may show up that the option between special or specialized judge isn’t just an exterior element, but it’s capable of deeply affecting the effectiveness of judicial protection against public administrations.