Italian court dismisses appeal against refusal of legal aid due to late consular certificate submission.
Sintesi Legislator
Generato dall'IAThe Court of Cassation rejected Musbaudeen Kazem's appeal against a lower court ruling that denied him legal aid due to the late submission of a required consular certificate. Kazem argued the certificate was impossible to obtain in time because it was requested only five days before filing, coinciding with his lawyer's appointment, and claimed the law did not mandate immediate rejection. The court held that the five-day window was objectively insufficient for verification and found no evidence of genuine impossibility, thus upholding the lower court's decision to deny the benefit.
Regesto Legislator
Generato dall'IAArt. 79, comma 2; Art. 94, comma 2 del D.P.R. 115/2002: The requirement for a consular certificate for non-EU citizens does not preclude admission to legal aid if the delay is attributable to the applicant's failure to act timely, as a five-day gap before filing is objectively insufficient for verification.