Private international Law N. 218/1995 lays down the general rule providing for the automatic enforcement in Italy of foreign decrees that comply with some basic requirements of compatibility with the Italian legal system. The only exception thereto is the recognition of foreign adoption decrees of minors, for which reference should be made to the specific dedicated section.
The foreign decrees must be entered in the register of the competent Italian municipal administration.
The foreign decrees, duly authenticated and translated into Italian, may be filed for registration in Italy:
- Directly by the person concerned, at the competent Italian municipal administration;
- Or at the Italian Consulate under whose jurisdiction the decree was issued.
To apply for registration, applicants must present a valid identity card or passport and also file:
- A request to transmit the decree in the form of a self-declaration affidavit rendered according to the provisions laid down in Art. 47 Presidential Decree No. 445/2000, attesting to the existence of the requirements set forth in Art. 64 of Law No. 218/1995, stating that the decree is not in contrast with other judgments passed by an Italian judge and that there is no trial pending before an Italian judge on the same case and between the same parties;
- A full copy of the decree, complete with the requirements set forth in Art. 64, duly authenticated and translated into Italian.
For the registration of the divorce decrees issued in a EU Country, reference is made to the provisions laid down in Council Regulation (EC) 2201/2003 of 27.11.2003. At the request of the applicant, the competent Authority of the Member State in which the divorce decree was issued, releases a certificate in compliance with the standard form considered in the aforesaid Regulation, which does not require to be translated or authenticated. The applicant will have to present a valid identity card or passport and attach to the aforesaid certificate a self-declaration affidavit rendered according to the provisions laid down in Art. 47 Presidential Decree No. 445/2000 attesting to the existence of the requirements set forth in Art. 22 of the cited Regulation.
It is in any case advisable to previously contact the territorially competent diplomatic or consular office for additional information and to be informed of further requirements that may have been laid down by possible bilateral or multilateral Agreements.