Re Sassola

• Jurisdicción: Argentina
• Número de expediente: Case No. 58
• Fecha: 04 Diciembre 1943
• Emisor: Federal Court of First Instance (Argentina)

Argentina, Federal Court of Rosario.

Case No. 58

In re Sassola.

Naturalization — Cancellation of — Conviction of Crime — The Law of Argentina.

The Facts.—The Fiscal moved to cancel the naturalization of an Italian obtained on June 12, 1930, for having subsequently, on April 22, 1942, been convicted of having made false and fraudulent entries in documents relating to his military service. The naturalization was annulled. Sassola appealed.

Held: that the appeal must be dismissed. As to the revocability of letters of citizenship, this had been invariably admitted by the Federal Courts, on the unimpeachable ground that in this class of juridical relations between the State and naturalized citizens there is no such thing as rights irrevocably acquired. Quite apart from the fact that this is a question of public order, which affects the political régime of the nation, the exception of cosa juzgada (chose jugée) has place only in the sphere of private law, in a litigation between parties. If, in accordance with the essential principles of the Constitution, citizenship is accorded as a favour or privilege, when there are present the required conditions of morality, habits, industry, etc., the naturalized citizen must continue to remain always...