The Senate of Italy should vote on Thursday (15) a decree-law it can change the rules obtaining Italian citizenship, affecting millions of descendants around the world – especially in Brazil . The changes restrict access which was previously considered one of the most flexible in Europe.
Rafael Gianesini, CEO of Citizenship4U, a company specializing in European citizenship in Latin America, explains that the new rules limit document grant Parent and grandparents descendants impacting about 95% of Brazilians who seek the law.
“Now they changed to only son and grandson of Italian who have or had even his death only Italian citizenship, that is, he could not have been naturalized or have a double nationality, he must have exclusively Italian citizenship, ”he says.
The expert adds that “the use of the word ‘exclusively’, limits practically 95% of Brazilians who will no longer be entitled to Italian citizenship.”
However, Gianesini clarifies that those who went to court until March 27 – the previous day of the announcement of the changes – or who was in line, was summoned and delivered the documentation until March 27 will not be affected for the changes and will count the previous rule.
How were the rules before:
- Anyone who could prove that he had an Italian ancestor who was alive after March 17, 1861, when the Kingdom of Italy was created, could seek citizenship.
What would be the changes?
- Citizenship will be granted only to grandchildren From a citizen born in Italian soil, that is, only individuals with at least one of the country or grandparents born in Italy, a Member State of the European Union, will qualify for citizenship for offspring.
- The ascendant needs to have exclusively Italian citizenship – cannot have become naturalized or double nationality.
- Newborn children of people with Italian citizenship will have up to a year to have their citizenship recognized. Otherwise, they lose the law.
- There was a proposal to require Italian proficiency certification level B1 to maintain citizenship, but the measure was revoked due to the high costs to prove.
When would the changes start to be valid?
The measures are already in force in a provisional manner and await definitive approval.
Gianesini explains that the Decree-Law follows in course: this Thursday (15), can be voted by a senators commission. If approved, it will go to the Senate Plenary and then to the House of Representatives. The Italian government has until May 27 to complete the legislative process. Otherwise, the text loses validity.
“The government is using a legal device designed for emergency situations, such as pandemics, to approve this change. This is already contested by the opposition, which also considers the unconstitutional decree. But the expectation of reversal is minimal because the government has a majority,” adds Gianesini.
However, the CEO states that the text of the decree-law went through modifications of significant amendments.
Unconstitutionality and judicial impact
For Gianesini, the decree is unconstitutional, as it reaches retroactively a right that should be recognized since birth. “When we recognize citizenship, we recognize since the day the person was born. There can be no law that retroacts and annul this right. This has already been pointed out by several Italian constitutionalists.”
The new rule also directly affects people who have been in line for years for recognition. “Imagine waiting 10 years and, because of the inefficiency of the state, has not been summoned in time. Now, these people will no longer be able to deliver the documentation and will have to judge. This will generate a collapse in the Italian judiciary,” warns the CEO.
According to him, the only way that will remain for the majority will be the judicial. “The administrative route is no longer an option for 95% of people. Everyone will have to go to court. And the system is not prepared for it.”
Announcement of the new rules
The new guidelines were announced by the country’s Minister of Foreign Affairs, Antonio Tajani, on March 28.
Tajani said the system was being abused, with possible Italians flooding abroad for passport requests, which provide entry without visa for more countries than almost any other nationality.
“Being an Italian citizen is serious. It’s not a game to get a passport that allows you to shop in Miami,” Tajani told a news conference.
The Italian Consulate stated in a statement that “the purpose of the measures adopted is to value the effective bond between Italy and the citizen resident abroad.”
The portfolio added that the reform will take place in two phases: “Some standards will immediately come into force,” such as the rule of citizenship restricted to two generations, and “later, an organic reform of substantial requirements and citizenship -related procedures will be implemented.”
Italy has a population of about 59 million, which has been decreasing in the last decade. The Ministry of Foreign Affairs estimated that, under ancient rules, 60 to 80 million people worldwide were eligible for citizenship.
Tajani, he clarified, according to the statement of the consulate, that “the principle of ius sanguinis (“ blood rights ”) will not cease to be in force, and many descendants of emigrants will still be able to obtain Italian citizenship, but precise limits will be established, especially to avoid abuse or ‘marketing’ phenomena of Italian passports”.
With information from Reuters.
This content was originally published in change in Italian citizenship: 95% of Brazilians will be affected, says CEO on CNN Brazil.
Source: CNN Brasil
Bruce Belcher is a seasoned author with over 5 years of experience in world news. He writes for online news websites and provides in-depth analysis on the world stock market. Bruce is known for his insightful perspectives and commitment to keeping the public informed.
