“The foreign minor born in Italy or who entered it by the age of 12 who has resided legally and without interruption in Italy”, and who “has regularly attended, in the national territory, for at least five years, one or more school cycles “or courses of education and professional training acquires Italian citizenship”. This is foreseen by the unified text of the reform of citizenship presented to the Commission for Constitutional Affairs by the President of the Commission and rapporteur Giuseppe Brescia (M5s) who underlined by illustrating the text that it does not speak of ius soli.
Up to now, three texts on the right to apply for Italian citizenship by foreign citizens had been presented in the Chamber’s Constitutional Affairs Committee. The texts range from the recognition of the ius soli to the more “moderate” right to the ius culturae. The first proposal is signed by Laura Boldrini, another proposal was presented by the dem Matteo Orfini and the last text was signed by the Forza Italia deputy Renata Polverini. But the parliamentary process was interrupted several times, until it finally ran aground due to the clear opposition of the center-right forces and the perplexities that also exist within the center-left forces. Now the basic text by Giuseppe Brescia, which focuses exclusively on right schoolthat is the recognition of Italian citizenship for foreign minors linked to a school path.
The law currently in force (February 5, 1992, no. 91) provides for the ius sanguinis. The Italian legal system also recognizes the alternative criterion of jus soli, although providing it only in a residual way and for limited cases. Italian citizenship is also acquired through recognition of filiation. Finally, special provisions are dictated regarding the acquisition of citizenship by foreigners or stateless persons who have contracted marriage with Italian citizens.
Here is what the basic text presented in committee by the Brescia rapporteur provides.
Lo ius culturae: the foreign minor born in Italy or who entered it by the age of 12, who resided legally and without interruption in Italy and who, in accordance with current legislation, has regularly attended, in the national territory, for at least five years, one or more school cycles in institutions belonging to the national education system or three-year or four-year professional education and training courses suitable for obtaining a professional qualification, acquires Italian citizenship.
How to acquire Italian citizenship: citizenship is acquired following a declaration of will expressed to this effect, by both parents legally resident in Italy or by whoever exercises parental responsibility, to the registrar of the municipality of residence of the minor, to be recorded in the civil status register. Within two years of reaching the age of majority, the interested party can renounce Italian citizenship if in possession of another citizenship. If the declaration of will has not been expressed, the interested party acquires citizenship if he / she requests it from the registrar within two years of reaching the age of majority. –
The minor age: the requirement of the minor age is considered referred to the moment of the presentation of the application or of the request by the parents or whoever exercises parental responsibility.
The current legislation and the ius sanguinis: at the moment Italian citizenship is based on the principle of ‘Ius sanguinis’ (right of blood), according to which the child born to an Italian father or an Italian mother is Italian. Foreign citizens, however, can acquire Italian citizenship if they meet certain requirements. First of all, citizenship can be granted by marriage (the cases are expressly specified by the law); secondly, it can be acquired by ‘Italian residence’, but with well-defined limits and, finally, the foreigner born in Italy, who has legally resided there without interruption until reaching the age of majority, can declare that he wants to elect citizenship Italian within one year from the aforementioned date. All the matter is regulated by law n. 91 of 5 February 1992, subsequently amended by law 94 of 2009 and further regulations