Italian Citizenship “Minor Issue” Conference Held at the Italian Chamber of Deputies

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On October 18, 2024, a significant conference on Italian citizenship was held at the Chamber of Deputies in Rome. Titled “La Cittadinanza italiana: Uno sguardo al futuro senza dimenticare le radici” (“Italian Citizenship: Looking Towards the Future With a Nod to Our Past”), two key associations organized the event: the Association of Jure Sanguinis Attorneys (AGIS) and Attorneys United for Italian Citizenship (AUCI).

Conference Overview

This seminar, far more than a technical gathering, represented a crucial moment in enriching the national debate on Italian citizenship. Its primary goal was to broaden the ongoing political discussion by bringing attention to the often overlooked voices of the Italian diaspora. The organizers presented data and case studies not just at a legal and regulatory level, but also put a face to a frequently-ignored community.

The event was structured into two main sessions. The first explored sociological, economic, regulatory, and media aspects of dual citizenship, highlighting two key issues: the interpretative differences among various public administration bodies leading to administrative backlogs, and the often distorted public perceptions about recognizing citizenship for Italian descendants based on jure sanguinis. The second session focused on theoretical and judicial aspects, delving into constitutional, comparative, and civil procedural law, with particular attention to the complexities and timing of citizenship recognition procedures.

A roundtable discussion concluded the conference, fostering dialogue among speakers, audience members, and journalists. This format provided an opportunity for direct engagement and stimulated constructive, informed dialogue on the subject.

Key Participants and Topics

The conference brought together prominent figures in the field, including esteemed Italian citizenship attorneys Monica Restanio, Marco Mellone, Daniele Mariani, and Riccardo De Simone. Maristella Urbini, an honorary judge at the Teramo court and advocate for Italian diaspora descendants’ rights, was also in attendance. Venice Court officials, including President Dott. Salvatore Laganà and Judges Dott. Giovanni Galasso and Dott. Fulvio Tancredi, provided insights on streamlining Italian dual citizenship cases.

Notably, the Venice Court handles over 40% of judicial Italian citizenship cases, largely due to the historical emigration from Veneto to Brazil. This prevalence highlights the significant role of historical migration patterns in current citizenship issues.

Discussions covered recent developments in Italian citizenship law, the future of citizenship by descent, media influence on public perception, comparative models of citizenship rights, and the potential economic impact of the Italian diaspora on new markets. A highlight was the examination of the “Minor Issue,” with legal experts anticipating an imminent ruling from the Joint Sessions to resolve this matter.

The Minor Issue and Evolving Jurisprudence

A highlight of the conference was the discussion of the recent “Minor Issue,” which we have previously discussed here. Legal experts anticipate an imminent ruling from the Joint Sessions, which should definitively resolve this matter. Many scholars and citizenship processing clerks view the potential rule change as unfair and irrational, arguing that it contradicts over a century of established legal precedent.

However, it’s important to note that jurisprudence is ever-changing, and courts often reverse rules. A prime example of this is the historical “Great Naturalization” event in Brazil. At the end of the 19th century, Brazil automatically granted citizenship to all immigrants residing in the country prior to November 15, 1889, unless they declared a desire to keep their original nationality within six months. This initially caused issues for Brazilian-Italians seeking recognition of their Italian citizenship.

For a time, Brazilian-Italians were not able to receive recognition of citizenship due to the loss of Italian citizenship on the part of their ancestors. However, this decision was later reversed by the Joint Sections on the basis that Italian citizenship, under Italian law, can only be lost through a voluntary act. This involuntary naturalization was deemed to go against Italian law and thus was rendered null and void, effectively overturning previous Court of Cassation decisions.

This historical example serves as a reminder that even irrational or controversial interpretations of law may change, offering hope for those currently grappling with the Minor Issue.

Paths to Italian Dual Citizenship, Even with a Minor Issue

While awaiting the Joint Sessions’ decision on the Minor Issue, several paths to Italian dual citizenship are still available:

1. Claiming through a non-naturalized ancestor
2. Exploring female lineage due to historical gender discrimination loopholes
3. Considering the status of US-born ancestors who already married or lived separately from their naturalized parent before turning 21
4. Examining pre-1983 marriages where non-Italian women married Italian men

Conclusion

The organizing associations aimed to offer a factual and realistic contribution to the theme of citizenship, demonstrating that the profound bond of Italian descendants with Italy constitutes a fundamental resource for the country’s future.

For those navigating the complexities of Italian citizenship law, staying informed and seeking expert guidance is crucial. Our team is available to provide comprehensive case evaluations and personalized advice, helping you explore all available options for your unique situation.