Attorney Alessandro Mignacca has been working for years on citizenship law, an issue that affects millions of descendants of Italian emigrants around the world. His professional practice brings him face to face with ever-changing legislation and the bureaucratic difficulties of those seeking to see their rights recognized. “Italy is a country of emigrants, so we have considerable numbers. It is estimated that there are currently more than 80 million oriundi.” A figure that reflects the scale of the Italian migration phenomenon between the 19th and 20th centuries, the so-called “Italian diaspora.”
The recognition of Italian citizenship is based on the principle of ius sanguinis, according to which a descendant of Italians can claim the nationality of his or her ancestor. The rule, however, has been subject to different interpretations over time. In Brazil, for example, the so-called “Great Naturalization” of 1889 automatically granted Brazilian citizenship to all foreigners in the country. “This automatism was not taken into consideration by the Italian legal system, since the element of manifestation of will was missing.” In 2022, the Supreme Court reaffirmed this principle, recognizing the right to Italian citizenship for millions of Brazilian descendants.
In the United States, however, the path was more complex. “Until Law 91 of 1992 came into effect, Italian citizenship was exclusive; therefore, the acquisition of another citizenship meant the loss of Italian citizenship,” Mignacca explains. This led many Italian emigrants to unknowingly renounce their status, thus losing their formal link to Italy. The situation became even more delicate with a recent ministerial circular, which changed the interpretation on the loss of citizenship for minor children of naturalized citizens.
The issue of citizenship is also a reflection of the evolution of society and law. Laws must adapt to demographic and cultural changes, a concept that Mignacca summarizes this way, “Norms must follow social evolution. We technically call this the living law.” However, this legal perspective comes up against the slowness of institutions, which often fail to respond in a timely manner to requests for recognition.
Citizenship is not just a formal act, but represents a cultural and anthropological bond. There is, in fact, the concept of “italics,” or those people born abroad to Italian parents, who do not always speak Italian or vote in Italy, but who retain a strong sense of belonging. Mignacca confirms this view: “The great characteristic of Italian emigrants, especially in the United States, is precisely that they still feel very Italian.”
The transmission of citizenship through women has also suffered discrimination over time. Until 1983, Italian law regarded citizenship as an exclusively paternal right, preventing mothers from passing it on to their children. “Our Court of Cassation came together to redress this vulnus in 2009,” however, the problem persists for those born before 1948. These descendants, in fact, cannot obtain recognition through administrative means, but must go through court proceedings.
In addition to regulatory complexity, the most immediate problem remains waiting times at consulates, which are often very long. The lawyer stresses the importance of ensuring quicker access to consular services: “Access to law passes in most cases through public services, access to which is organized by consular offices.” His work aims not only to facilitate these practices, but also to expose the contradictions and injustices of a system that still excludes many descendants of Italians from having their identity recognized.
The article Italian citizenship, between rights and identity comes from TheNewyorker.