“Minor issue” in Italian citizenship iure sanguinis
Citizenship by descent (iure sanguinis)
Since the civil code of 1865 and the law of 1912, the key principle in the transmission of Italian citizenship is ius sanguinis. In fact, even for the children of Italian emigrants and their descendants, even if born in a foreign state and citizens of that state by ius soli, the recognition of Italian citizenship is guaranteed. The conditions are:
- the demonstration of descent from an Italian citizen (the emigrant ancestor, also known as “dante causa”),
- proof of the absence of interruptions in the transmission of citizenship. Precisely on this last point a radical change has recently occurred.
The transmission of citizenship and the naturalization of the ancestor
Law no. 555/1912 recognized that the son of an Italian citizen, born in a country in which the ius soli was in force, could maintain the citizenship of the place of birth and still have Italian citizenship recognized by ius sanguinis, even if the emigrated ancestor had naturalized in new country. By virtue of that law, it is still possible for the descendant to have Italian citizenship recognized and, on this point, prevailing jurisprudence and ministerial directives believed that this was possible even if naturalization had taken place during the descendant’s minor age. In these cases, one could assert one’s citizenship before the Italian authorities abroad or the Italian municipalities, but also in the courts.
The new orientation and its reason
However, the new jurisprudential interpretations and ministerial directives have provided that, at the time of the voluntary naturalization of the “head of the family”, the citizenship of the minor child living with him must also be considered lost. In such cases, the failure of the descendant to reacquire Italian citizenship, once he becomes an adult, prevents the transmission of the civitatis status. The reason for the new orientation starts from the assumption that the “head of the family” was the holder of parental authority: if he chose a citizenship other than Italian, he imposed the effects of his choice also in the legal sphere of the minor children subjected to him. This interpretation, to be honest, also takes into account the vision of the Italian family in the terms in which it was understood until the entry into force of the 1948 Constitution. It follows, therefore, that the voluntary naturalization of the Italian ancestor, during the minor age of the child, has interrupted the transmission of citizenship where, having become an adult, that child has not regained Italian citizenship.
Attention: You may still see your Italian citizenship recognized in the courts or through your mother’s side. To learn more, click on Cittadinanza italiana per via materna prima del 1948 o contattami!
Conclusion
Talking about Italian citizenship also means talking about European citizenship, which every citizen of an EU member country, such as Italy, enjoys. Citizenship of the European Union, like Italian citizenship, entails a series of rights, even for the spouses of Italian citizens (to find out more click on Citizenship by marriage, even if celebrated before 1983). So, if you have the possibility of being recognized as an Italian citizen by descent or marriage and you want to know more, contact me for a consultation!
