Authorities from the Italian judiciary, academics and legal professionals met this Friday (12) to discuss the challenges and implications in the process of recognizing Italian citizenship jure sanguinis. The event was held at the University of Padova in northern Italy.
Congress made it clear that the debate on the legislation of Italian citizenship it is complex and multifaceted. While some defend restrictions and revisions, others see dual citizenship as a guarantee of fundamental rights and a vector of economic development.
The event, titled “Sull'acquisto della cittadinanza italiana iure sanguinis: problematiche (non solo) costituzionali” (“About the acquisition of Italian citizenship iure sanguinis: (not only) constitutional issues”, in free translation), began with the words of the teacher Sandro De Nardi, renowned Italian constitutionalist, who discussed the concept and meaning of dual citizenship, emphasizing the relevance of knowledge of language, culture and habits for the full exercise of political rights, such as voting.
He also highlighted the historical relevance, remembering the more than 80 million Italians who emigrated to the world.
Constitutionalist says it is necessary to change the law
However, not all speeches were so conciliatory. The constitutionalist professor Fabio Corvaja criticized the increase in Italian-Brazilians and the court decision that suspended the great naturalization. He argued that Italians who migrated to Brazil must have lost their Italian citizenship.
“To become Italian, it is enough that one of your own ancestors, therefore, even one of the 16 great-great-grandparents or the 32 'great-great-grandparents', must have been a citizen of at least the Kingdom of Italy. With a 'snowball' effect, the phenomenon increases more and more, with peaks in times of economic or social crises, also because all these new citizens in turn generate other Italians. This poses a constitutional problem in the definition of the State, due to an uncontrollable phenomenon of 'non-Italians' belonging to the Republic. Solutions? It is necessary to intervene in the law, raising at least one question of constitutionality before the Constitutional Court, submitting the doubt of its compatibility with community law before the European Court of Justice, reviewing a text that is manifestly irrational”, said Corvaja.
The participation of the president of the Ordinary Court of Venice, Salvatore Laganà, brought to debate the reality of the processes of recognition of Italian citizenship.
Laganà highlighted the organizational and procedural challenges faced, highlighting the large volume of cases received monthly and the overload faced by the judicial system, especially in the Veneto region.
“With a rate of 1.500 protocols per month, three quarters of the judges at the Venice Court will work only for Brazilians, neglecting the protection of the rights of citizens living in Italy”, warned Laganà.
State lawyer calls dual nationality “fiction”
The most scathing criticism came from the State's lawyer, Stefano Maria Cerillo. He challenged the traditional conception of dual citizenship, describing it as a “fiction” and more like a "status" which implies both rights and duties, which many Italian-Brazilians seem to forget.
Cerillo questioned whether it would be appropriate to annul dual nationality in situations in which the absence of participation in political processes, such as the absence of voting, or the prolonged absence of residence in Italy, using a period of 10 to 20 years as a reference.
Furthermore, he argued that this "status" should consider in-depth knowledge of the Italian language, culture and lifestyle, aspects that are often neglected during the citizenship recognition process.
Cerillo also highlighted the need for legislative review, especially regarding generational limitations.
However, the teacher Paolo Bonetti, constitutionalist, of Bicocca University, Milan, closed the congress in a memorable way. In his speech, he vehemently defended the importance of dual citizenship, comparing any attempt to limit or extinguish it to an affront to human rights.
Bonetti highlighted the crucial role of immigration for Italy's history and economy, in addition to pointing to the potential of grassroots tourism as a booster of the local economy.
The event made it clear that any change in legislation will require a broad legislative debate, considering different points of view and interests.
FOLLOW-US
