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Citizenship

New Italian citizenship rule could make access more difficult and increase litigation, says lawyer.

Expert criticizes contrast between citizenship by naturalization and jure sanguinis in Italy.

Law centralizes requests in Rome: measure could stall the process and increase the number of lawsuits.
Law centralizes requests in Rome: measure could stall the process and increase the number of lawsuits.

“It’s difficult to explain why, for naturalization, a digital and accessible model was chosen, while for citizenship by descent (jure sanguinis) the opposite direction is being taken,” says lawyer Salvatore Aprigliano, commenting on the recent reform approved by the Italian Senate which alters the process of recognizing citizenship by descent.

The decree approved on January 14th creates a central office within the Ministry of Foreign Affairs in Rome to manage applications for citizenship by descent (jure sanguinis) from adults residing abroad. This measure is part of... Bill No. 1683 and marks a significant shift in the administrative handling of the issue.

Among the key points of the reform is the imposition of an annual limit on the receipt of new applications, valid for at least the next five years. The timeframe for completing the process has also been extended, which can now reach up to 36 months.

According to Aprigliano, the reform introduces practical and legal barriers to the exercise of a right that has been recognized for over a century.

The new regulation provides for a transition phase until 2029, during which applications will continue to be submitted to consulates. However, these will also be subject to an annual cap, linked to the number of applications completed in the previous year. After this period, all applications must be made directly to the new centralized body. in Rome.

The expert also points to a setback in the process format. While the naturalization application is done entirely digitally, the recognition by descent (jure sanguinis) will once again require the physical submission of original documents. "The result is that those who cannot access the administrative route will be forced to seek recourse in the courts," he says.

A comparison between the two models reveals a contrast. The naturalization of foreigners who have lived in Italy for more than ten years is done entirely online, with uniform access and no need for appointments. Citizenship by descent, however, remains dependent on long waiting times, consular queues, and now, a procedure that will be even more bureaucratic.

Italian case law has already condemned practices that make the citizenship recognition process unduly lengthy or inaccessible. With centralization in Rome, the requirement for postal submission, and the new deadlines, a considerable increase in the number of lawsuits is expected.

“This reform doesn’t eliminate the bottleneck. It only transfers it from the consulates to a single central point,” warns Aprigliano. According to him, the system creates an imbalance that could lead to a new wave of disputes, affecting millions of descendants of Italians around the world.

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