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21.08.2018 1 Comments

If a woman's acquisition of Italian citizenship by marriage did not produce an effect upon the woman's citizenship in her country of origin, she was therefore a dual citizen. The recognition was available also to their descendants. These immigrants currently may apply for citizenship after the completion of ten years of residency in the territory of the republic.

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The decision rendered on 9 April , number 87, by the Constitutional Court , declared the unconstitutionality of article 10, third paragraph, in the part which foresaw a woman's loss of citizenship independently from her free will. If an Italian woman acquired a new citizenship while her husband remained Italian, she was a dual citizen, and law of was not cognisant of her new status in the state where she acquired citizenship during her marriage. This is notwithstanding the fact that the law otherwise precludes its own retroactive application in article 20, which provides that " The spouse of an Italian citizen can apply for Italian citizenship through naturalisation. Note that if an Italian ancestor naturalised as a citizen of another country independently from his or her parents, and prior to reaching legal Italian adulthood age 21 prior to 10 March , and age 18 otherwise , then often that ancestor retained Italian citizenship even after the naturalisation and could still pass citizenship on to children. In the latter case, the possibility remains that the matter of her continued holding of Italian citizenship will be confirmed in court. By paragraph 2, foundlings recovered in Italy are citizens by birth if it cannot be proven that these persons are in possession of another citizenship. Still, Italian citizenship could sometimes be acquired by children of former citizens reacquiring the citizenship. The constitution of the Kingdom of Italy was still formally in force at this time, since the laws that had limited it were, to some extent, abolished on 25 July date of the collapse of the fascist regime. Italy's current citizenship laws[ edit ] Law no. Legislative History of Italian Citizenship[ edit ] The Statuto Albertino of [ edit ] The Statuto Albertino , put forth in by the Kingdom of Sardinia, was the first basic legal system of the Italian state, formed in Attribution of citizenship through jus sanguinis[ edit ] Inside cover of an Italian biometric passport issued in Citizens of other countries descended from an ancestor parent, grandparent, great-grandparent, etc. The children concerned could keep their Italian citizenship even if they received a new one by derivation from the mother when the remarriage occurred. These cases have created a dual system for recognition of citizenship: In more recent times, reforms to the citizenship law favouring immigrants from outside of the European Union were discussed. Among the essential points of the decision, it was pointed out that article 10 was inspired by the very widespread concept in that women were legally inferior to men, and as individuals, did not have full legal capacity. Children born with dual citizenship in this form were allowed to maintain their dual status in the event that the father naturalised later, thus parting with Italian citizenship. The law ended the practice of granting automatic citizenship to women by marriage. The original text has undergone parliamentary revisions. Loss of Italian citizenship carried with it the inability to pass Italian citizenship automatically to children born during the period of not holding the citizenship. Any child born to an Italian citizen parent including parents also having the right to Italian citizenship jus sanguinis is ordinarily born an Italian citizen, with the following caveats: The current Italian constitution was approved by the Constituent Assembly on 22 December , published in the Official Gazette on 27 December , and entered into effect on 1 January This is a situation under review, since article 10 of this statute providing for the automatic loss of citizenship by marriage is in contrast with the second paragraph of article 8, having global scope, which does not approve of the automatic loss of citizenship by foreign naturalisation. As the Italian Parliament has not coded this decision from Cassation into law, it is not possible for these descendants to obtain jus sanguinis citizenship, making the pertinent application before a consulate or a competent office of vital and civil records in Italian municipalities. There were no Italian citizens prior to 17 March , because Italy had not yet been a unified state. The residence requirement is reduced to three years for descendants of Italian citizen grandparents and for foreigners born in Italy, four years for nationals of EU member states , five years for refugees or stateless persons, and seven years for someone who was adopted as a child by an Italian citizen.

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