The Italian government's proposal to introduce a €600 fee per applicant for Italian citizenship recognition processes has mobilized advocates for the rights of Italian descendants. politicians like Fabio Porta, and representative entities.
Scheduled to come into force in 2025, if approved by Parliament, the measure, signed by President Sergio Mattarella on Wednesday (23), would represent a significant cost, especially for families in countries with weaker currencies, such as those in South America.
Resistance and strategies against the proposal
During the annual congress of the General Council of Italians Abroad (CGIE) held in Buenos Aires last week, delegates expressed concerns about the impact of the new tax on access to citizenship.
Daniel Taddone, an advisor to the agency, highlighted the urgency of “completely blocking articles 105 and 106” of the proposal. He pointed out that, if it is not possible to block the charge completely, at least a reduction in the amount should be considered.
At the event, the Continental Assembly of Latin America formalized a request to Italian parliamentarians, especially those elected abroad, to defend the interests of Italian citizens residing outside the country in the Budget Law for 2025, positioning themselves against excessive fees in citizenship processes and other measures that harm this community.
Constitutional implications and unequal treatment
According to lawyers heard by Italianism, unequal treatment between descendants of the paternal and maternal line, for example, may violate the principles of equality established by Article 3 of the Italian Constitution and compromise the right to access to justice, as guaranteed by Article 24.
The new fee requires maternal-line applicants to go to court and pay double the amount charged for paternal-line cases, which can be carried out directly at consulates for 300 euros.
This distinction is seen as discriminatory, imposing a disproportionate burden on descendants who need legal means. This is why, they believe, this new tax will not be approved.
Possible exceptions for low-income Italian descendants
Legal experts and specialists in Italian citizenship are considering invoking the bilateral agreement between Brazil and Italy, which provides free legal assistance to citizens of both countries in civil proceedings, including citizenship applications. Article 10 of Law No. 336, of August 18, 1993, stipulates that low-income citizens are exempt from court fees, ensuring that the right to citizenship does not become a restricted privilege.
According to this legislation, applicants with an annual income of less than 11.746,68 euros (around R$6.031 per month in Brazil) would be entitled to exemption from fees in civil proceedings, which includes recognition of citizenship.
However, the possibility of exemption for Italian descendants is viewed with skepticism. “I think it’s difficult. I don’t see any rationality in this thesis. You don’t have the money to pay the fee, but do you have the money to pay for certificates, translations or lawyer fees?”, observed one lawyer.
Voting takes place at the end of December
The 2025 Budget Proposal, signed by President Sergio Mattarella, establishes a new fee of 600 euros per applicant in judicial recognition processes for Italian citizenship, in addition to the current unified contribution of 545 euros per process.
This increase in costs may particularly impact families filing joint claims, as each member will have to pay individually, raising legal expenses to thousands of euros.
The proposal will still be voted on by Parliament in the last days of 2024. Discussions are scheduled to begin on October 28, with changes possible until November 10. If approved, the new fee will start to be charged on January 1, 2025.
Photos: depositphotos.com
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