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)

ART.1

1. Citizen by birth is:

a) 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.

 

ART.2

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-

(a) recognition or judicial statement; or

(b) declaration 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.

 

ART.3

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 it.

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.

 

ART.4

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 national:

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.

 

ART.5

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.

 

ART.6

1. Acquisition of citizenship pursuant to art.5 is precluded by:

a) conviction for one of the offences provided by book II, title I, capi I, II, III, of the Penal Code;

b) conviction 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;

c) 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).

 

ART.7

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.

 

 

ART.8

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.

 

ART.9

1. The President of the Republic, after consulting the State Council, on the recommendation of the Minister of Internal Affairs, grants Italian citizenship to:

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;

c) 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.

 

ART.10

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.

 

ART.11

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.

 

ART.12

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-

a) he accepted or did not abandon a public office; or

b) he was in the Army for this State without being obliged to do so; or

c) he voluntarily acquired the citizenship of this State.

 

ART.13

1. He who lost the citizenship shall recover it:

a)      if he is in the Italian Army and he previously declares he wants to recover it;

b)      if he accepts or accepted a public office for the State, even abroad, and he declares he wants to recover it;

c) if he declares he wants to recover it and he resided or he resides in the territory of the Republic, within one year from the declaration;

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.

 

ART.14

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.

 

ART.15

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.

 

ART.16

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.

 

ART.17

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.

 

ART.18

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.

 

ART.19

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.

 

ART.20

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.

 

ART.21

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.

 

ART.22

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.

 

ART.23

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.

 

ART.24

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.

 

ART.25

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 of Justice.

 

ART.26

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.

 

ART.27

1. This statute shall come into force after six months from its publication in the Gazzetta Ufficiale.

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