Italian citizenship: Court analyzes constitutionality of law that impacts Brazilian descendants

Italian Senate advances change in citizenship law The Constitutional Court of Italy is holding a hearing this Wednesday (11) related to the new rules on Italian citizenship, approved last year. The hearing will analyze legal challenges raised against recent changes to citizenship legislation, known as the Tajani Decree. Legislation that came into force last year restricts recognition of citizenship by “right of blood” and limits recognition of citizenship to children and grandchildren of Italians born abroad. This Wednesday’s hearing will hear lawyers from the group that called for the new law to be unconstitutional and lawyers from the State. According to the Ansa news agency, after the public hearing, the Constitutional Court judges will decide on the case behind closed doors. Furthermore, the announcement of the sentence may take weeks or even months. The expectation is that the court will also analyze other constitutionality actions against the new citizenship rules later this year. There is no deadline for publishing the sentence. Italy’s legislation recognized the right to citizenship based on the principle of jus sanguinis — or “right of blood.” Before the publication of the decree, the right could be transmitted without limit of generations, as long as the link with an Italian ancestor who was alive after the creation of the Kingdom of Italy, on March 17, 1861, was proven. After its approval, the rule began to restrict the right only to children and grandchildren of Italians, and only in two cases: if the father, mother, grandfather or grandmother was born in Italy; if the father, mother, grandfather or grandmother with Italian citizenship was born outside the country, but lived in Italy for at least two consecutive years before the birth of the child or grandchild. In the case of Brazilians, thousands of great-grandchildren and great-great-grandchildren of Italians who seek citizenship may lose this right. At the time, the Italian government argued that the change was necessary for “national security reasons” and to curb what it called an “uncontrolled flow” of requests. Italian passport Bruno Todeschini/RBS Agency

Source link