The issue of criminal records constitutes a critical crossroads in the process of obtaining Italian citizenship and raises doubts on the balance between the right to integration and the need for public safety.
Why and When the Law Denies Citizenship in the Event of a Criminal Record
The Italian legislation draws precise guidelines regarding the role of criminal records in the process of granting citizenship, demanding a scrupulous assessment of the applicant’s personal conduct and its impact on society. Essentially, when examining applications for Italian citizenship, the administration must verify the compliance of the applicant’s interest with the collective interest, taking into account the consequences deriving from its decision. The general principle that regulates the granting of citizenship is the evaluation of a stable integration of the person applying to become an Italian citizen in the society, in relation to their job, economic and family status, as well as their conduct.
The assessment criteria that the administration applies in order to determine when a criminal record is relevant enough to preclude access to Italian citizenship stem from the consequences that citizenship acquisition can generate, and the decision derives from an assessment of the balance between the individual’s right to integration and the security and integrity needs of the national community.
Assessment procedures on applicants for Italian citizenship
The assessment procedure for the granting of Italian citizenship involves a careful analysis of the criteria established by the regulations in force, considering not only the applicant’s criminal record, but also other factors, such as the degree of integration into Italian society, respect for the country’s laws, and the ability to maintain economic stability. The assessment is performed by the competent authorities, who examine the documentation submitted and may request further information or clarifications. To successfully pass this process, it is essential for the applicants to demonstrate irreproachable behaviour and a genuine bond with the Italian community.
Offences precluding granting of Italian citizenship
The rules governing the denial of Italian citizenship for criminal reasons are mainly contained in the Italian citizenship law (n. 91 of 5 February 1992) and its subsequent amendments and additions. Moreover, case law and interpretative circulars provide clarifications and directives on how to apply these rules in specific cases. These documents set out the criteria and conditions under which criminal records may influence the decision to grant or deny Italian citizenship. However, it should be noted that not all criminal offences prevent one from becoming an Italian citizen, but only those relating to serious offences that generate fear and social unease and for which there is no declaration of extinction or rehabilitation.
Relevant Appeals and Judgments. Case Studies
To emphasise this aspect and clarify the importance of the assessment, it is appropriate to recall two emblematic cases concerning the granting or denial of citizenship in the presence of criminal records. The first case concerns the granting of Italian citizenship to a person with a minor criminal record.
A criminal conviction per se does not prevent the granting of Italian citizenship
Previous convictions and the absence of an assessment of the seriousness of the facts cannot automatically prevent the granting of citizenship, and it is not enough to refer to the conviction to justify a refusal thereof. The request for citizenship must be subject to a detailed assessment by the administration, which must take into account:
- the seriousness of the facts
- the applicant’s level of social integration;
- the time that has elapsed since the conviction.
The Italian State Council, which an applicant turned to in order to assert their right to citizenship, clarified that careful preliminary investigation and a precise reason for denial are required, thus avoiding arbitrary and hasty decisions based on a dated criminal record.
When criminal records and convictions are grounds for denying Italian citizenship
On the other hand, the Regional Administrative Court of Lazio, in a similar case, ruled on the refusal of Italian citizenship, basing its decision on the fact that the applicant’s children had committed serious crimes. The behaviour of the applicant’s family members, the assessment of the family context, the stable nature of the family bond, are all elements that are part of the evaluation process and influence the decision on the granting of citizenship. The offences committed by the applicant’s two sons were socially relevant. The offences consisted in handling stolen goods, theft, drug use and private violence.
Although the alleged offences had not been committed by the applicant himself, the refusal was legitimate. The nature of the stable and lasting bond between father and children could condition the applicant who, even if only for emotional reasons, could facilitate or protect a behaviour that is contrary to the legal system.
