By EUDO Citizenship Italy country expert Guido Tintori.
As reported in a previous news item, it remains difficult to predict whether the fragile broad coalition government led by Mr. Enrico Letta and sustained by the Democratic Party (PD), Mario Monti’s Civic Choice and Silvio Berlusconi’s Freedom People movement (PDL), will be able to reform the 1992 Nationality Law in more liberal terms.
Mr. Letta’s government has recently tried to address at least the mounting demand for easier access to citizenship for the children of immigrants born in the country. It is worth recalling that, according to current law (Act 91 of 1992), the requirements for conditionial ius soli are extremely demanding: the children of immigrants born in the country can apply for citizenship only after birth, by declaration within one year after their 18th birthday and must prove uninterrupted and legal residence in Italy since birth (Art. 4.2). Decree n. 69 issued on 21 June 2013, which aims primarily at supporting the Italian economythrough simplifying and decreasing bureaucracy, contains also a provision that is meant to facilitate and expedite the application for citizenship based on ius soli. Art. 33 of the Decree states that if the parents or the public administration are not able to produce the documentation required for an application for naturalisation, this should not affect the applicant in her/his capacity, provided s/he is able to provide alternative documentation proving that s/he meets all the requirements. In addition, the article establishes a duty for all municipalities to contact the potential applicants at their 18th birthday in order to inform them of their rights. In case the communication does not reach the potential applicants at their last registered residence, the one-year limit window is lifted.
The measure was recently criticised by Guido Bolaffi, managing editor of the online paper West – Welfare Society Territory, because, despite the efforts of Mr. Letta’s government, it “does little or nothing to change the obstacle course that is the process of becoming a naturalised citizen”. According to Bolaffi, the real question is that these amendments do not affect the substance of the 1992 law, which sets too harsh requirements. Furthermore, they do not modify the implementation rules and procedures, leaving full discretionary power to the bureaucratic officials who are called to decide upon the application.
Read Guido Bolaffi’s article: Becoming Italian is fraught with difficulty, even under Letta.