Loading…
In depth
Stare decisis (Latin for 'to stand by things decided') is the legal principle that courts should follow prior decisions (precedents) when deciding similar cases. It promotes consistency and predictability in the law.
For CBD cases, stare decisis is important because: (1) the Italian Cassazione's 2009 ruling on 1948 cases established a precedent that lower courts now follow, (2) the German BVA's prior decisions on Article 116 cases guide future decisions, and (3) the Canadian Federal Court's rulings on Lost Canadian cases shaped the legislative response (Bill C-71).
However, stare decisis is not absolute — courts can overturn their own precedents (as the Cassazione did in 2009) and legislatures can override judicial decisions by statute. CBD law continues to evolve through both judicial and legislative action.
Related terms
The Cassazione (Corte di Cassazione) is Italy's supreme court, whose 2009 ruling opened the 1948 path for descendants of pre-1948 female Italian ancestors.
Res judicata (Latin for 'a matter judged') is the legal principle that a final judgment on the merits bars re-litigation of the same claim, relevant to CBD appeals.
A 1948 case is a judicial petition for Italian citizenship filed in the civil court of Rome, available to descendants of Italian women who gave birth before January 1, 1948.
Lex loci (Latin for 'law of the place') is the legal principle that the law of the place where an event occurred governs the legal consequences of that event.
Lex domicilii (Latin for 'law of the domicile') is the legal principle that the law of a person's domicile governs certain legal relationships, complementing lex loci in CBD cases.
Sui generis (Latin for 'of its own kind') is a legal term describing something unique, often applied to citizenship regimes that don't fit standard categories.