Italian citizenship iure sanguinis represents a fundamental right for many descendants of Italian emigrants. Based primarily on Law 555 of 1912, this form of citizenship acquisition is based on the principle of direct descent from an Italian ancestor. The acquisition process can prove complex, involving specific legal aspects and often lengthy bureaucratic procedures.
History and origin of law 555/1912 on the recognition of Italian citizenship by descent
Law no. 555 of 1912 is the legal basis for the acquisition of Italian citizenship iure sanguinis. Designed at a time of massive Italian emigration, this law aimed at maintaining a link between the Italian state and its citizens who had moved abroad. Crucial to this was the concept of ‘blood’, or descent, which allowed descendants of Italian emigrants to claim Italian citizenship, regardless of their place of birth. This law, with its subsequent amendments and interpretations, was of critical importance in defining the identity and legal rights of the descendants of Italian emigrants around the world, ensuring them a lasting link with their ancestors’ country of origin. This principle still holds true today, since the interpretation of the United Chambers of the Supreme Court of Cassation has always held that Italian citizenship is acquired “by the mere fact of birth,” so it cannot be lost other than by a voluntary act.
Methods of acquisition of Italian citizenship iure sanguinis
The recognition of Italian citizenship iure sanguinis is mainly based on articles 7 and 12 of Law no. 555 of 1912. Article 7 states that a descendant of an Italian citizen who emigrated retains Italian citizenship unless he or she renounces it by a voluntary act upon reaching the age of majority or after being emancipated. This provision is crucial for many descendants of Italian citizens, as it recognizes an almost inalienable right to double citizenship that is transmitted from generation to generation. Article 12 focuses on the possibility of retaining Italian citizenship even though the direct ancestor has acquired a new citizenship or lost his or her Italian citizenship. However, it is important to note that for the case of unemancipated minor children of those who lose their Italian citizenship, article 12 establishes that they become foreigners and, automatically, lose Italian citizenship. This latter provision stated in article 12, however, has always been recognized by the Supreme Court of Cassation as subordinate to the above mentioned article 7.
Administrative and judicial procedures to apply for citizenship. The administrative process for citizenship recognition
The application for Italian citizenship iure sanguinis through the administrative track begins at the Italian consulate in the applicant’s country of residence. This process requires the submission of detailed documentation that unequivocally proves Italian descent, such as birth, marriage and death certificates, as well as documents proving the Italian citizenship of the emigrant ancestor. The documentation is received by the consulate, which may request further proof or clarification. Under law 555/1912, citizenship can be granted if an unbroken line of descent is proven, and if the Italian ancestor never lost or renounced Italian citizenship prior to the descendant’s birth. The process can take time, given the need to thoroughly verify legal and historical information.
The judicial path to citizenship.
In certain cases, the judicial track to apply for Italian citizenship iure sanguinis becomes more convenient – not to say necessary – as well as much faster. This can happen in several situations, including:
- Female ancestor: if the Italian ancestor is (or was) a woman, and the descent occurs before 1948, year in which Italian women obtained the right to transmit citizenship, the judicial process is to be used.
- Long waiting times: when, based on the application number issued by the consulate, the processing of the citizenship application is expected to exceed two years.
- Consulate refusal: when the consulate refuses to place the applicant on the waiting list or denies citizenship.
The court, in these cases, considers the evidence submitted and determines whether the requirements for iure sanguinis citizenship are met.
Recent case-law developments for citizenship recognition
Recent years have seen a change in the legal interpretation of articles 7 and 12 of law 555/1912. Initially, article 7, concerning the preservation of Italian citizenship for citizens born and residing abroad, played a predominant role in judicial decisions. If born to Italian parents residing abroad, one remains such even as a minor even after any loss by the parent. Recently, however, the emphasis has shifted to article 12, particularly for cases of minors, for whom Italian citizenship, although acquired at birth by paternal derivation, is lost if the father in turn loses it through renunciation or naturalisation. This new interpretation has had a significant impact on some citizenship applications, particularly those involving minor or unemancipated children born to parents who held Italian citizenship but subsequently lost it. In such cases, recent case-law tends to consider these individuals as foreigners, unlike previous interpretations that favoured the retention of Italian citizenship.
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