During Wednesday’s session (15) in the Italian Senate, senators Francesco Giacobbe (Democratic Party) and Dafne Musolino (Italia Viva) harshly criticized the decree-law that modifies the recognition of Italian citizenship by jus sanguinis. Both presented prejudicial questions, asking that the text not proceed to a vote without a thorough review.
The vote on the decree is scheduled for this Thursday (16), at 10 am (5 am Brasília time).
“They are breaking the chain of citizenship,” says Giacobbe
Francesco Giacobbe, of the Democratic Party, stated that the decree effectively eliminates the right to transmit Italian citizenship to thousands of descendants worldwide. “You are breaking the chain of citizenship. You are punishing Italians who acquired another citizenship, a right provided for in Law 91 of 1992, which allowed naturalization without the loss of Italian citizenship,” he declared.
He criticized the use of a decree for an issue that requires broad debate and highlighted the retroactivity of the rule. “With this change, many who were born outside Italy to Italian parents will no longer be able to pass on citizenship to their children, even if they were born before the law came into effect,” he said.
According to the senator, the decree jeopardizes the future of Italian citizenship abroad and "mortifies" Italian communities around the world.
Musolino: “It will generate a flood of lawsuits”
Senator – and lawyer – Dafne Musolino reinforced the arguments of unconstitutionality, questioning the urgency used by the government to justify the decree. According to her, the text creates a “false legality” by cutting off the right to citizenship of those born to Italians abroad after March 27, 2025.
Musolino warned of the judicial impact of the measure: “This decree will turn into a cascade of appeals and challenges, fueling unprecedented bureaucratic chaos”.
She stated that the administrative problem does not justify the denial of rights: “The motivation would be the overload of municipalities, courts and consulates. But, instead of denying rights, the State should expand the structure and simplify the processes.”
Call for a new law
Both senators called for a broad discussion to create a new citizenship law that contemplates the jus sanguinis and other forms of access, such as ius soli (right by birth in Italian territory). “Being a citizen is not a crime to be fought, but a right to be protected,” said Giacobbe at the end of his speech.
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