Decree Law "Urgent Provisions on Citizenship":
Regrets, Concerns, and Requests from Trentini nel mondo
The Association Trentini nel mondo, with a resolution of the Board of Directors meeting in Trento on April 7, 2025, expresses its regret and concern both for the content of Decree Law No. 36 of March 28, 2025, which introduces new and stringent restrictions on the transmission of Italian citizenship by descent, particularly for those born abroad to Italian parents, and for the manner in which it was presented. The provision, which amends Law No. 91 of February 5, 1992, limits automatic citizenship to the second generation and requires proof of an "effective link" with the Italian Republic.
The Government's provision not only limits requests for recognition of citizenship by Iure Sanguinis for those who have not yet applied but also hinders the transmission of Italian citizenship for those born abroad to Italian parents. Trentini nel mondo considers this provision unacceptable because it raises doubts about its legal legitimacy, disregards the role of Italians abroad, and appears illogical. As formulated, it risks causing more harm than benefit to Italy and Italians.
Legal Legitimacy: The Italian Constitution (Article 77) stipulates that emergency decrees are allowed only in the presence of a real and proven necessity, which does not seem to exist in this specific case. The provision immediately limits a fundamental right such as citizenship, introducing new legal principles like the "effective link" that have never been considered in our citizenship system. The provision introduces an unprecedented reform of the fundamental principles that have shaped Italian citizenship for generations. It is surprising and irritating that it was issued ahead of the Constitutional Court session on June 24, when the constitutionality of Article 1 of Law No. 91 of February 5, 1992 ("New rules on citizenship"), which grants citizenship by Iure Sanguinis to the children of citizens residing abroad without any temporal or generational limit, will be examined. It is also worth noting that the Constitution does not require residence for the exercise of rights but explicitly establishes the right to leave the territory of the Republic and return (Article 16) and recognizes the freedom of emigration (Article 35).
Role of Italians Abroad: The decree does not consider the long tradition of respect and recognition that Italy has always shown towards its emigrants, who contributed to the support of family members left behind through remittances sent from abroad. The decree disregards the strength that the community of Italians abroad represents for our country, for political, cultural, and commercial relations. For example, the states of Santa Catarina and Paraná, where a large community of Trentino origin resides, imported Made in Italy products worth one billion euros in 2024.
Irrationality or Lack of Common Sense: The decree also stipulates that an Italian citizen born abroad can transmit citizenship to their children only if they have lived in Italy for at least two years before the birth of their children. To comply with this requirement, an Italian citizen born abroad would have to return to Italy for two years and then "re-emigrate" before the birth of their children. This means either returning for two years during childhood (presumably with their parents) or temporarily returning to Italy for two years before the birth of their children, i.e., during their formative years. How many can afford to attend university in Italy for two years? It would have been more logical to abolish the principle of Ius Sanguinis altogether.
What Benefits? The most evident consequence of the decree will be a significant reduction in the number of Italians residing abroad, with the progressive elimination of all descendants of Italians born abroad and, in the long term, the definitive distancing of the communities of descendants who promote and cultivate effective and emotional ties with our country worldwide. The texts of the decree and the Government's bills, as formulated, disregard and mortify the values of Italian identity worldwide, where millions of our fellow citizens contribute positively to the international reputation of our country daily. Through them, Italy is known, respected, and loved on all continents; the Italian lifestyle is recognized and appreciated, and our products are considered synonymous with quality and good living. The Association Trentini nel mondo, active since 1957, bears witness to the indissoluble identity and cultural bond that exists between the country of origin of the ancestors and the country of residence of their descendants, manifested through the commitment of individuals and Circles in establishing, maintaining, and revitalizing relationships between places of emigration and the country of origin.
What is Requested: Trentini nel mondo supports the request made by UNAIE (National Union of Immigration and Emigration Associations) to have a meeting with the Minister of Foreign Affairs and International Cooperation to discuss the changes to be made during the approval process of the decree by Parliament. In particular, it is deemed essential to provide that the right to AUTOMATIC CITIZENSHIP be recognized up to third-degree descendants without the requirement of being born in Italy and, for descendants beyond the third generation, that the RECOGNITION of Italian citizenship be subject to the existence of an "effective link" that does not depend on residence (such as knowledge of basic elements of Italian culture, possession of an Italian degree even if obtained abroad, ownership of real estate and movable property in Italy, frequent stays for periods even less than a year in Italy). It is also requested to introduce greater controls to prevent the recognition of fictitious citizenships and to increase penalties for those who submit false documentation.
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