Is the Italian jus sanguinis (eligibility for citizenship by right of blood) principle in danger?

A Bologna court questions the constitutionality of Italy’s jus sanguinis law, which grants citizenship based on ancestry without time limits. The case involves 12 Brazilians claiming citizenship through an 1876 ancestor. The court argues that such recognition, without cultural or linguistic ties, may conflict with constitutional principles.

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Translation from Corriere della Sera

Brazilians with Italian Citizenship Through an 1876 Ancestor: Court Calls for Time Limit

The Tribunal asked the Constitutional Court to consider whether citizenship by the mere presence of an ancestor of many generations with no link of culture, language and traditions is compatible with the principles of the Constitution.

Italian citizenship through an ancestor born in 1876? That’s what 12 Brazilians asked the court in Bologna and what they would be entitled to under the iure sanguinis law. However, the court has raised concerns about the constitutional legitimacy of granting citizenship without time limits.

Judge Marco Gattuso, who recently questioned the Safe Countries Decree, signed the order. The case involves 12 descendants, including minors, of a woman born in Marzabotto in 1874. The judge emphasizes that citizenship defines the “people” to whom the Constitutional Charter grants sovereignty.

For those interested in understanding more about Italian citizenship claims, you can learn about the benefits of Italian citizenship and the various pathways available.

Constitutional Questions Raised

Court President Pasquale Liccardo explained that they’ve asked the Constitutional Court to evaluate whether granting citizenship based solely on distant ancestry, without cultural or linguistic ties, aligns with constitutional principles. This case particularly affects those seeking Italian citizenship by descent.

The Italian legal system remains one of the few globally that recognizes ius sanguinis without limitations. With estimates suggesting tens of millions of potential Italian citizens worldwide through ancestry, this raises significant questions about citizenship rights and obligations.

Current Citizenship Landscape

The court highlights an apparent contradiction: while Italy grants citizenship to those who’ve never lived in the country but have Italian ancestors, it doesn’t recognize ius soli for children of immigrants born and raised in Italy.

The original citizenship law, dating from the late 19th century, aimed to maintain connections with Italian emigrants. This principle has largely remained unchanged, even after the 1992 reform.

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