On last May 21 there has been the publication in the Italian Official Journal of one of the most discussed and debated Law in recent years. Renamed as “Law Cirinnà” from the name of proposer senator Domenica Cirinnà: the approval process has been accompanied by a complex work in the Parliament, media talk, and countless appeals to Italy on the subject of civil rights by the European institutions. Law no. 76/2016 bears the title: “Regulation of civil unions between same-sex and discipline of domestic partnerships” and will come into force starting from 5 June.

The Law introduces two legal institutes that regulate the emotional bonds between same-sex people or in people engaged in a domestic partnership, and they are, in fact:

• The civil union, regulated under paragraphs 1-35, article 1, is the legal recognition of cohabitation between adult people of the same sex on the basis of a stable emotional connection that occurs by a declaration in front of a officeholder and with presence of two witnesses. Mutual obligations of economic and moral assistance descend from this union. No formalities required by law regarding the publications differently to what is provided by law for the marriage.
• Domestic partnership, regulated under paragraphs 36-65, article 1, is the legal recognition of the relationship between two heterosexual or homosexual people united neither in a marriage nor in a civil union, but linked by a stable emotional bond from which descends anyway a mutual duty of moral and material assistance.

Regarding to the first legal institution, the civil union, the main consequences on labor, taxation and social security law could be:

– Wrongful dismissal and consequently invalidity of the dismissal if it happens concurrently to the civil union;

– Liquidation of the severance package and, eventually, the indemnity in lieu of notice and to the living partner in case of death of the other employee partner (art.2118 and 2120 of the Civil Code);

– Right to use leave hours for assistance to the disabled partner and leave for serious illness (Law 104/1992);

– Right to revocation of the consent to the contract elastic clauses for assistance to the partners affected from oncological diseases;

– Right to a wedding permit of 15 days comparable to the standard wedding;

– Right to obtain tax deductions, given conditions established by law;

– Right to receive family allowances;

– Right to perceive Inail insurance allowance or survivor’s pension if the pensioner or insured worker is dead;

 

The regulatory framework appears weaker for couples living together in a state of domestic cohabitation: it is a non- formalized relationship, and by this bond any right does not arise in favor of the two partners. A case of special protection, provided for in paragraph 46, article 1 of Law 76/2016 states that the partner owns the right to participate in the family business’ shares if he/she works permanently in the other partner’s company. However, the profit is excluded when among the cohabiting couple there is an employment relationship or a corporate bond.

 

It is noted that the Lawmaker wanted to clear up any doubt of interpretation: in order to ensure effective protection of the rights, the provisions containing the words “spouse”, “spouses”, “marriage” or similar expression, wherever recurring in laws, acts, regulations, administrative provisions, collective bargaining agreements, apply to each of the civil union parties, even among people of the same sex (paragraph 20, Article 1).

The issue is certainly complex because it involves many legal, economic and social facets, and it involves one of the most important changes among the Italian civil society: it was not until future regulatory developments that we will get to have a more detailed picture of the situation.