Citizenship Law of Italy
(New Provisions on Nationality)
(Translated by Experts)
(Smt. Sonia (Soniya) Gandhi and Rahul Gandhi have right to challenge it, if they found otherwise wrong
translation, till then its admissible evidence under Section 45 of the Indian Evidence Act, 1872)
1. Citizen by
the child of a father or a mother, who are Italian citizens;
b) a person who
was born in the territory of the Republic if both parents are unknown or stateless, or if the child does not follow the citizenship
of the parents according to the law of the State to which the parents belong.
2. The child of unknown
parents who is found abandoned in the territory of the Republic shall, unless possession of another citizenship is proved,
be deemed citizen by birth.
1. Recognition or judicial
statement of filiation, occurred when the child is a minor ( or: during the age of minority of the child ), determines the
citizenship of the child pursuant to the provisions of this statute.
2. If the recognized
or judicially stated child is of full age, he keeps his own citizenship. Nevertheless he is entitled to choose the citizenship
determined by filiation within one year after-
recognition or judicial statement; or
of effectiveness of the foreign provision. 3. The provisions of this article also apply to children in respect of whom paternity
or maternity may not be declared, provided their right to maintenance or alimony has been judicially recognized.
1. An alien, who is
a minor, shall acquire Italian citizenship if he is adopted by an Italian citizen.
2. Paragraph 1 also
applies to persons who were adopted before this statute came into force.
3. When revocation of
the adoption is based on a fact of the adopted, he loses Italian citizenship if he possesses another citizenship or he regains
4. In the other cases
of revocation the adopted maintains Italian citizenship. Nevertheless, if revocation occurs when the adopted is of full age,
the latter will be entitled to renounce Italian citizenship within one year after the revocation itself, if he possesses another
citizenship or he regains it.
1. An alien or a stateless
person, whose father or mother or one of the ascendants in second degree were Italian nationals by birth, shall become Italian
a) if he serves
in the Italian army and preventively declares that he wants to acquire Italian citizenship;
b) if he works
for the State in the Civil Service ( or: if he works as an employee of the State), even abroad, and he declares that he wants
to acquire Italian citizenship;
c) if, when he
becomes of full age, he had his legal place of residence in Italy for at least two years and he declares, within one year
after reaching the age of majority, that he wants to acquire Italian citizenship.
2. An alien born in
Italy, who had his legal place of residence in Italy uninterruptedly until the reaching of full age, becomes Italian national
if he declares he wants to acquire Italian citizenship within one year after that date.
1. The spouse, who is
alien or stateles, of an Italian national acquires Italian citizenship when he has had legal residence in the Republic for
at least six months, or after three years since the date of the marriage, unless dissolution, annulment, divorce, or separation
has taken place.
1. Acquisition of citizenship
pursuant to art.5 is precluded by:
for one of the offences provided by book II, title I, capi I, II, III, of the Penal Code;
for a non-reckless offence for which law provides imprisonment for a term of at least three years; or conviction for a non-political
crime to imprisonment longer than one year inflicted by a foreign court if the judgment has been recognized in Italy;
the existence, in the specific case, of relevant grounds concerning public security.
2. Recognition of foreign
judgment is required by the General Public Attorney of the district in which the Office of "civil status" - where the marriage
is registered - resides.
3. Rehabilitation avoids
the results of the sentence.
4. Acquisition of citizenship
is suspended till the communication of the final judgment, if the penal action for one of the offences provided by para.1,
lett.a) and b), first phrase, has been brought; as well as during the proceeding of recognition of the foreign judgment (
para.1, lett.b), second phrase).
1. Pursuant to art.5,
citizenship is acquired by means of a decree given by the Minister of Internal Affairs, on petition of the person concerned.
This petition shall be submitted to the mayor of the commune of residence or to the competent consular authority.
2. Article 3 of statute
12 January 1991, n.13 shall be applied.
1. The Minister of Internal
Affairs rejects the petition provided by art.7 with a justified decree where the causes provided by art.6 are present. The
decree is enacted with the agreement of the State of Council where public security is concerned. The rejected petition may
be submitted again after 5 years from the issue of the provision.
2. The petition - equipped
with the requested documentation - may not be rejected after 2 years from its submission.
1. The President of
the Republic, after consulting the State Council, on the recommendation of the Minister of Internal Affairs, grants Italian
a) an alien, whose
father or mother or one of the direct ascendants in II degree were Italian nationals by birth, or who was born in the territory
of the Republic and, in both cases, has had his legal residence in Italy for at least 3 years, saving art.4, comma1, lett.c);
b) an alien of
full age, adopted by an Italian citizen, who has had his legal residence in the territory of the Republic for at least five
years after the adoption;
an alien, who has been a civil servant - even abroad - for at least five years;
d) a citizen of
a EC-Member State if he has had his legal residence in the territory of the Republic for at least four years;
e) a stateless
person who has had his legal residence in the territory of the Republic for at least five years;
f) an alien who
has had his legal residence in the territory of the Republic for at least ten years.
2. The President of
the Republic, after consulting the State Council and after the decision of the Council of Ministers, taken on the proposal
of the Minister of Internal Affairs with the agreement of the Minister of Foreign Affairs, grants Italian citizenship to an
alien who rendered distinguished services to Italy, or whenever outstanding public interests are concerned.
1. The decree which
grants Italian citizenship has no effects unless the person concerned takes the oath of fidelity to the Republic, the Constitution
and the national law, within six months after the notification of the decree.
1. The citizen who possesses,
acquires or regains a foreign citizenship shall keep the Italian one. Nevertheless he may renounce the Italian citizenship
if he resides or settles down abroad.
1. Whenever an Italian
citizen accepted a public office from a foreign State or a foreign public body or an international body - to which Italy does
not belong - or he is in a foreign Army, he shall lose Italian citizenship, unless he obeys, within the fixed term, to the
order of the Government to abandon the office or the military service.
2. An Italian citizen
shall lose the Italian citizenship when the state of war ceases, if, during the state of war against a foreign State-
he accepted or did not abandon a public office; or
he was in the Army for this State without being obliged to do so; or
he voluntarily acquired the citizenship of this State.
1. He who lost
the citizenship shall recover it:
if he is in the Italian Army and he previously declares
he wants to recover it;
if he accepts or accepted a public office for the
State, even abroad, and he declares he wants to recover it;
he declares he wants to recover it and he resided or he resides in the territory of the Republic, within one year from the
d) after one year
from the establishment of the residence in the territory of the Republic, unless he express renounced within the same term;
e) if he lost
his citizenship because he did not obey the order of abandoning the military service for a foreign State or the office granted
by a State, by a foreign public body or by an international body and he declares he wants to recover it, on condition that
he has resided in the territory of the Republic for at least two years and he proves that he abandoned the public office or
the military service he has undertaken notwithstanding the order provided by art.12, comma 1.
2. He who lost the Italian
citizenship according to art.3, comma 3 and art.12, comma 2 may not recover it.
3. In the cases provided
by comma 1, lett.c), d), e), the acquisition of citizenship has no effects if it is forbidden by decree of the Minister of
Internal Affairs, for severe reasons and the agreement of the State Council. This prohibition may take place within one year
since the established conditions happened.
1. Minor children of
a person who acquires or recovers the Italian citizenship acquire Italian citizenship, if they live together with their parent;
but, once they became of full age, they are entitled to renounce it, if they possess another citizenship.
1. Save what provided
by art.13, comma 3, acquisition or recovering of citizenship produces effect from the day after the fulfilment of the required
conditions and formalities.
1. A stateless person
who has his legal residence in the territory of the Republic is subject to Italian law as to the exercise of civil rights
and of military duties.
2. An alien recognized
as a refugee by Italian State according to the provisions provided by law or by international conventions is considered a
stateless person as to the application of this statute except for military duties.
1. He who lost citizenship
pursuant artt.8 and 12 of statute 13 June 1912, n.555, or for not having taken the option provided by art.5 of statute 21
April 1983, n.123, shall recover it if he declares, within two years from the implementation of this statute, that he wants
to recover Italian citizenship.
2. Art.219 of statute
19 May 1975, n.151, is still in force.
1. The persons who resided
in the territories which were under the House of Austria, and who emigrated abroad before 16 July 1920 and their direct descendants
- pursuant to art.9, comma 1, lett.a) - are deemed aliens of Italian origin or born in the territory of the Republic.
1. Statute 9 January
1956, n.27, on transcription in the registers of civil status of the provisions of recognition of options for Italian citizenship
- options taken pursuant to art.19 of Peace Treaty between the Allies and Italy, signed up in Paris on the 10 February 1947
- stays in force.
1. Unless it has been
express provided, the status of citizenship acquired before the issue of this statute shall not be modified unless by facts
occured after the date in which this statute came into force.
1. Pursuant to article
9, Italian citizenship may be granted to the alien who was affiliated by an Italian citizenship before the date of implementation
of statute 4 May 1983, n.184, and who has been having the legal residence in the territory of the Republic for at least seven
years after the affiliation.
1. The persons, who
had already lost Italian citizenship pursuant to art. 8 of statute 13 June 1912, n.555, are not subject to military duties.
1. The statements for
acquiring, keeping, recovering and renouncing citizenship and the swearing provided by this statute are set out before the
registrar of the commune where the declarant resides or intends to settle down, or, in case he resides abroad, before the
diplomatic or consular authority of the place of residence.
2. Statements provided
by comma 1, and acts or provisions concerning the lost, the keeping and the recovering of Italian citizenship shall be transcribed
in the citizenship-registers and shall be annotated in the birth-certificate.
1. An Italian citizen,
in case he acquires or regains or chooses foreign citizenship, must communicate it by statement to the registrar of the place
of residence or, if he resides abroad, to the entitled consular authority, within three months from the acquisition, recovering
or option, or from the achievement of full age, if it is subsequent.
2. Statements provided
by comma 1 follow the same rules as the statements provided by art.23.
3. Whoever does not
fulfil the obligations provided by comma 1 is subject to a fine for an amount which can vary between 200.000 and 2.000.000
Lire. The prefect is entitled to the application of the fine mentioned above.
1. The provisions which
are necessary for the enactment of this statute are promulgated, within one year since it came into force, by means of a decree
of the President of the Republic, with the advice of the State Council and after the deliberation of the Council of Ministers,
on the proposal of the Minister of Foreign Affairs and of the Minister of Internal Affairs, with the agreement of the Minister
1. Statute 13 June 1912,
n.555, statute 31 January 1926, n.108, royal decreto-legge 1 December 1934, n.1997, converted by statute 4 April 1935, n.517,
art.143-ter civil code, statute 21 April 1983, n.123, art.39 of statute 4 May 1983, n.184, statute 15 May 1986, n.180, and
every other provision which is incompatible with this statute are repealed.
2. The duty of option
provided by art.5, comma 2, of statute 21 April 1983, n.123, and art.1, comma 1, of statute 15 May 1986, n.180 is abolished.
3. Different provisions
provided by international agreements shall be applied.
1. This statute shall
come into force after six months from its publication in the Gazzetta Ufficiale.
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