O Court of Bologna, in Emilia-Romagna, officially forwarded, this Monday (25), a question to Italian Constitutional Court regarding the rules that recognize Italian citizenship based on the principle of jus sanguinis (right of blood) no time limit.
The decision was announced by the President of the Court, Pasquale Liccardo.
According to the ruling, the Court questions whether the recognition of Italian citizenship based solely on the existence of an Italian ancestor, even one distant in time and without any cultural, linguistic, or traditional ties to Italy, is compatible with the principles established in the Italian Constitution.
The case under analysis involves 12 Brazilian citizens who claim citizenship based on an Italian woman born in 1876 and emigrated from Italy at a young age, despite being descendants of numerous other non-Italian ancestors.
Debate on time limits
Liccardo highlighted, according to the newspaper La Repubblica, that Italian legislation is among the few in the world that recognizes the jus sanguinis without temporal restrictions. He emphasized that, considering the millions of descendants of Italians spread throughout the world, the rule could raise questions about its compatibility with the concepts of people and citizenship defined in the Constitution.
The decision also refers to legal interpretations by the Italian Supreme Constitutional Court and the International Court of Justice.
“Considering that the Italian legal system is one of the very few in the world to recognize the jus sanguinis without establishing any limit and that our country has, abroad, according to the most reliable estimates, several tens of millions of descendants of an Italian ancestor, the Court requests the Constitutional Court, with multiple references to the interpretative guidelines of the Supreme Constitutional Court and the Supreme International Court of Justice, to verify whether or not such regulation is in conflict with the concepts of people and citizenship mentioned in the Constitution, with the principle of reasonableness and with the international obligations assumed by Italy, including within the framework of the European Union”, says the president's question.
Last year, Italy's foreign ministry (Farnesina) warned of the potential impact of the rule, noting that millions of descendants of Italians in South America could apply for citizenship.
Now, the outcome depends on the analysis of the Constitutional Court, which may establish new criteria and limits for the recognition of Italian citizenship.
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