The case concerned the rejection of the appeal on points of law against the negative decision on the application for international protection as inadmissible because, according to the Legislative Decree No 251/2007, it was found that there was no certification of the date of issue of the power of attorney to the lawyer.

Article 35 bis (13) of the Legislative Decree No 25/2008, inserted by Law No 46/2017, provides that: ‘The power of attorney to bring an appeal on a point of law must be granted, failing which the appeal will be inadmissible, after the contested decree has been communicated; for this purpose, the lawyer shall certify the date on which the power of attorney was issued to him.’

The Joined Chambers of the Court of Cassation concluded that in the present case, the appeal on points of law should be rejected as inadmissible due the failure to certify the date in the special power of attorney granted for the lodging of the appeal on a point of law in matters of international protection governed by Article 35 bis (13) Legislative Decree No 25/2008.

The Court of Cassation further held that the power of attorney must expressly contain information on the date of communication of the contested provision and the applicant in order to certify, even with a single signature, both the date of the power of attorney following the communication between applicant and lawyer, and the authenticity of the signature. The Court of Cassation in jointed civil chambers considered this approach as compliant with the mandatory scope of the legislative provision and with the EU Law and the ECHR.

In a similar case, because the situation was recurring before the Court of Cassation, the civil chamber referred the matter to the Constitutional Court for an analysis of the compliance of the Article 35 bis (13) of the Legislative Decree No 25/2008, inserted by Law No 46/2017 with the Constitution and the EU legal framework.