Per la libertà di movimento, per i diritti di cittadinanza

Proxy marriages: what is to be done?

This kind of marriage is ruled by civil code art. 144. According to this article paragraph 2 “the celebration of marriage via proxy can be done also when one of the two lives abroad and serious matters do occur, these matters need to be evaluated by local residence court. Authorization is given by a non impugnable decree, which is enforced by the council board after magistrates expressed their opinion on the issue”.

This rule needs to be considered together with what stated in Consular law (D.P.R. 5.1.1967 n°200) art. 14 paragraph 1 and 2 which state “the head of consulr office celebrates the proxy marriage when one of the two that are to get married lives out of the state where the consular office is.

Therefore a proxy marriage cannot be celebrated when one of the two lives in Italy”.

What quoted makes us think that this marriage cannot be celebrated in Ankara because one of the two that is to get married lives in Italy.
The marriage could take place in Italy as stated in civil code art. 144.
The Kurd citizen, living in Italy as a refugee, should refer to local court in order to have the ‘serious matters’ evaluated according to civil code art. 144 paragraph 2. Serious matters are already clear and proved since this man is a 1951 Geneva Convention refugee who would be persecuted in case of going back home .

When authorization does come from local court, marriage will be celebrated via proxy here in Italy. The future wife, who is actually in Turkey, will also need a proxy in order to get married. This proxy can be taken to local Italian consular office, which will have to joint work with Italian authorities in order to publish banns.
The bride in Turkey will also have to ask for the release of all necessary documents in order to get married: passport and two certificates (which are the marriage authorization and the birth certificate). These two will have to be authentified by Italian consular office in Ankara as provided for by Regolamento d’attuazione D.P.R. 394/99 art. 2 paragraph 2.

The proxy released for a public act lasts the most 180 days.
In other words, the man is not allowed to send a marriage proxy from Italy but he can do the opposite: the girl can have a proxy released at Italian Consular office in Turkey in order to have marriage celebrated in Italy at the man’s local residence council.

Of coarse the lady will have to prapare and certify at Italian Consulate the above quoted documents (marriage authorization, birth certificate and passport) while the future husband (a refugee who is not obliged according to Geneva Convention to produce documents coming from his country of origin) will need to ask in advance the authorization to local court.