italian citizenship law 2024

Proposed Law for the Acquisition of Italian Citizenship by Descent 2024

In this article, we will discuss the most recent legislative proposal concerning the acquisition of Italian citizenship by descent. Remember, you can consult another article on our blog for a deeper understanding of the topic.

Bill Number 752 of 2023

On June 7, 2023, a bill initiated by Senator Roberto Menia titled “Provisions for the reopening of the term for the reacquisition of Italian citizenship, as well as amendments to the law of February 5, 1992, no. 91, concerning the reconstruction and acquisition of the same” was presented to the Italian Senate.

Let’s look in detail at the content of the two articles provided by the bill.

  • Article 1 of the bill proposes reopening (for three years) the terms for submitting the declaration of reacquisition of Italian citizenship as per article 17, paragraph 1 of law number 91 of 1992 (i.e., the law that regulates the acquisition of Italian citizenship). It is worth remembering that the latter allows for the reacquisition of citizenship for those who apply within two years from the date of entry into force of law number 91 of 1992; the loss of citizenship concerns cases provided for in articles 8 and 12 of law number 555 of 1912, or the non-option provided in article 5 of law number 123 of 1983.
  • Article 2 of the bill consists of two paragraphs. Paragraph 1 adds to article 17 of law number 91 of 1992, the article 17.1, composed of two paragraphs.

In paragraph 1, the right to Italian citizenship is recognized for applicants who prove to be direct descendants up to the third degree of Italian citizens born or residing in Italy. Additionally, it requires knowledge of the Italian language (article 9.1).

Paragraph 2 establishes that, for the recognition of citizenship with a direct ancestor beyond the third degree, the applicant must also demonstrate continuous residence in Italy for at least one year and knowledge of the Italian language. The application must be submitted at the Italian municipality of residence.

This article also brings further modifications to the citizenship law:

  • Adds to paragraph 1 of article 4 of law number 91 of 1992, the paragraph 1 bis on the knowledge of the Italian language. Article 4 concerns the foreigner or stateless person, child of Italian citizens, who becomes an Italian citizen in cases such as: serving in the military for Italy, taking a public office under the State, or legally residing in Italy for at least two years after reaching adulthood.
  • Adds to article 6 of law number 91 of 1992 (regarding the preclusion, suspension, and revocation of the recognition of citizenship following particularly serious criminal violations), the paragraph 4 bis, establishing that the terms of preclusion and suspension also apply to requests for recognition of Italian citizenship.
  • Specifies that the proposed changes to articles 9.1, paragraph 1 and article 10-bis of law number 91 of 1992 are related to articles 4, paragraphs 1 and 2, 5, and 9 of the same law. Recall that article 9 governs the granting of Italian citizenship by decree of the President of the Republic, upon the advice of the Council of State, on the proposal of the Ministry of the Interior.

Considerations

From the described changes, it seems that the Menia bill does not introduce revolutionary changes to the legislation on the acquisition of Italian citizenship, but only tweaks.

However, it should be noted that the intent of the proposing senator, as deduced in the accompanying report to the bill, is to provide a remedy to the “rush” for Italian citizenship, which for some is said to be purely a matter of convenience not linked to a sense of “lived and felt Italianity.” Senator Menia has also stated in recent months that there would be a “sport of selling citizenship,” through which “someone has built an economic empire.” This refers to “legal studies and agencies offering packages including skip-the-line tickets, documentation (even false), and fictitious residency to quickly gain Italian citizenship.”

As in all fields, there may be abuses, but, according to experience, the agencies that retrieve the necessary documentation are honest and so are the lawyers who, based on the documentation provided by the agencies, file appeals with various Italian courts to overcome the standstill situations that occur at Italian consulates (primarily in Latin America); these professionals manage to obtain the recognition of Italian citizenship for their clients in significantly shorter times (one or two years maximum) compared to the administrative timelines of the consulates (ten or twelve years).

It should be emphasized that it is not only economic reasons or greater ease of movement around the world that motivate descendants of Italian immigrants from many generations to request Italian citizenship. For many, there is also the pride of being recognized as Italian, rediscovering their historical and cultural roots.

Conclusions

The proposal of the bill to curb the phenomenon denounced by the senator consists of regulating the acquisition of citizenship, limiting the line of descent to three or a few more generations. In the latter case, a residence of one year in Italy is foreseen, and furthermore, the requirement of knowledge of the Italian language is introduced.

These limitations and the opposition to the recognition of Italian citizenship ultimately concern people who descend from Italians who emigrated to foreign countries many years ago and who, over the various generations that have followed, have always maintained affectionate contact with the country of origin. It is worth noting that, for example, Brazil hosts the numerically largest community of Italian origin in the world (about 30 million descendants).

For now, the examination of this legislative proposal continues at the Constitutional Affairs Committee of the Senate (in the drafting stage); we await the final enactment with its entry into force.

If you need further clarification or personalized consultancy, you can always contact one of our lawyers specialized in Italian citizenship by descent.

Dott.ssa Elena Capodacqua

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