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Foreign Jews in Italy Affected by Racial Decree

March 19, 1941
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In a case tried before the Italian Supreme Court, it was ruled that foreign Jews were affected by the Italian racial decree of June 29, 1939, which curbs the practice of various professions by “Italian citizens of the Jewish faith.”

According to the decree, “non-discriminated” Italian Jews were forbidden to lend their professional services to “Italian citizens not of the Jewish faith.” No provision was made in the decree with regard to foreign Jews, since it was supposed that a previous decree of September, 1938, provided for the expulsion of all foreign Jews who had not left Italy by March 12, 1939. The earlier decree stipulated, however, that foreign Jews falling into certain categories would be permitted to remain.

Dr. William Frankel, a Polish Jew, was one of those who qualified to remain, by virtue of his marriage to an Italian “Aryan” contracted before the racial decree came into effect. Consequently, since the decree affecting the participation of Italian Jews in the professions made no reference to foreigners, he continued his medical practice in Bologna until indicted by the local police.

Dr. Frankel was convicted by the Bologna court and fined 1,000 lira, and carried his case to the Supreme Court.

The Supreme Court ruled, however, that the provisions of the racial decree are implicitly extended to include foreigners of the same race, and that the only concession accorded to foreign Jews is the privilege of being permitted, in certain exceptional circumstances, to continue to reside in Italy.

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