Italy is about to experience an important moment in the citizenship debate. The proposed reform of the ius sanguinis citizenship law recently submitted to the Senate aims to revise the criteria and requirements for granting Italian citizenship to descendants of Italian emigrants. The new law on citizenship contains both advantages and disadvantages that are worth being aware of for those who are abroad and aspire to obtain Italian citizenship due to their blood ties with Italy.
Historical-Legal Context: The Current Law for the Recognition of Citizenship to Descendants of Italian Emigrants. Advantages and disadvantages of the new law
A substantial part of the current law on the recognition of Italian citizenship to foreigners is largely based on the principle of ius sanguinis. This is a fundamental legal principle that allows the descendants of Italian emigrants to apply for citizenship simply on the grounds of being blood relatives of Italian emigrants from the year of the state’s foundation, i.e. 1861. The law recognising ius sanguinis has been a vital bridge between Italy and its global diaspora, allowing fourth- and fifth-generation descendants of Italian origin to maintain a connection with their country of origin.
The New Citizenship Initiative: Changes and Motivations. Positive and negative aspects
Positive aspects of the new law on the recognition of citizenship by descent
The first article of the proposed bill extends the period for submitting the declaration of reacquisition of Italian nationality as outlined in Article 17, paragraph 1, of Law no. 91 of 5 February 1992. This is the article concerning the acquisition of Italian citizenship, stating: “Those who have lost their Italian citizenship as a result of the application of Articles 8 and 12 of the law of 13 June 1912, no. 555, or for not having exercised the option provided for in Article 5 of the law of 21 April 1983, no. 123, may reacquire it by means of a declaration to this effect to be made within two years of the entry into force of this law.” This measure is considered extremely fair and appropriate. In addition, some new conditions under which a foreigner or stateless child of Italian citizens can acquire Italian citizenship are:
- performing or having performed military service for Italy;
- being employed in public service under the Italian State;
- having legal residence in Italy for at least two years upon reaching the age of majority.
Controversial aspects of the reform
The reform proposal, however, introduces other significant changes. The new requirements include:
- a stricter demonstration of the genealogical link;
- adequate knowledge of the Italian language;
- proof of an ongoing cultural link with Italy;
- the recognition of citizenship only to descendants of Italians who have emigrated up to the third generation.
According to the proposers, the amendments are motivated by the desire to adapt the law to current demographic realities, to prevent abuses and to strengthen the cultural link between descendants applying for citizenship and Italy. The second article of the bill, in fact, has two parts.
The first paragraph introduces a new article, 17.1, within Law 91/1992, also divided into two paragraphs. The first of these states that the right to Italian citizenship is granted to those who can prove that they are descendants in the direct line up to the third degree of Italian citizens. In addition to requiring knowledge of the Italian language to obtain citizenship, direct descendants beyond the third degree are required to prove continuous residence in Italy for at least one year. The proposed limit up to the 3rd generation, however, would exclude a large portion of emigrants’ descendants by limiting citizenship only to the most recent generations. This has raised concerns and strong doubts among communities of descendants living overseas.
The negative impact of the reform would be double. On the one hand, it would limit the number of people eligible for Italian citizenship; on the other, it raises the problem of how to fairly and coherently assess the new criteria according to which the cultural link of Italian descendants with Italy is established by law.
The current conditions for the recognition of Italian citizenship by descent
It should be remembered that currently the application for the recognition of Italian citizenship by the descendants of emigrants can be submitted to the Italian Consulates of the applicant’s country of residence or, in order to obtain a passport more quickly, one can apply directly to the Italian Judge in Italy, without the need to move from one’s country of residence. This is why the proposed reform represents a significant change for the future of the right to citizenship in Italy and raises important questions regarding national identity, the link with the Italian diaspora over 1.5 centuries and migration policies.
We await the evolution of the legislative debate, but it remains crucial to monitor developments to ensure that the reform reflects balance and justice for all those linked to Italy through history and the blood of their ancestors who left in search of their fortune abroad.
