The Italian Supreme Court has issued rulings that cast doubt on citizenship claims based on the principle of iure sanguinis for descendants whose Italian ancestor was naturalized while their own direct ancestor was still a minor. Understandably, you may wonder whether Italian citizenship previously recognized under older, more favorable interpretations of the law might be revoked.
Can Citizenship Be Revoked Based on a New Legal Interpretation?
First, it is crucial to emphasize that the mere existence of a new interpretation by Italian courts is not sufficient to revoke citizenship already granted. Italian nationality law has strict criteria for when and how citizenship can be lost. These criteria are clearly defined and do not include revocation based solely on retrospective judicial rulings.
Italian citizenship can be forfeited in very specific circumstances:
- If the individual renounces their citizenship voluntarily.
- Under certain conditions related to public security, as outlined in Article 12 of the Italian Nationality Law currently in force.
Outside of these specific situations, taking one’s citizenship would be unlawful, that is without foundation in the law. It would be a political decision and no one can be deprived of citizenship for those reasons, according to Article 22 of the Italian Constitution.
When Citizenship Has Been Questioned
Despite the legal framework, there have been practical cases where Italian authorities have challenged the validity of someone’s citizenship. For example, some Italian consular offices have refused to renew passports on the basis that citizenship was obtained by mistake.
A notable instance occurred when individuals claimed citizenship through ancestors from the Trentino region who emigrated before 1920. Since Trentino was not yet part of Italy at that time, authorities argued that these individuals were not Italian citizens by lineage.
The result? In some cases, these individuals were effectively stripped of their citizenship, and appeals in court yielded mixed outcomes depending on each case’s unique facts.
Legal Arguments to Defend Recognized Citizenship
For those who fear losing their Italian citizenship due to recent court interpretations, several robust legal principles offer protection:
- Vested Rights: Once citizenship is granted, it becomes a vested right. The recognition of this citizenship creates an acquired status that should not be disrupted retroactively. Italian law, grounded in the principle of legal certainty, protects rights that have been legally established.
- Non-retroactivity: A foundational principle of Italian and European law is that new legal interpretations or changes in the law cannot be applied retroactively. Courts cannot use a new understanding of the law to alter or nullify previously established citizenship status.
- Legitimate Expectations: People who obtained Italian citizenship under a then-valid legal interpretation had a legitimate expectation that their status would remain stable. The abrupt application of a different legal standard would undermine this expectation and could be legally challenged.
- Proportionality: Revoking someone’s citizenship is an extreme and severe measure, especially when the individual has built their life around this status. The principle of proportionality would argue that such a significant impact should not occur without an overwhelmingly justified reason—and not simply due to a new legal interpretation.
What Should You Do If Your Citizenship Is Challenged?
There are no existing laws, regulations, or directives that legitimize the automatic revocation of citizenship based on a reinterpretation of earlier legal norms. Nevertheless, it is essential to understand the practical realities that some individuals have faced.
Follow These 4 KEY Steps
- Stay calm and DON’T hand over your Italian passport. Even if your passport has expired, the Italian Consulate or any other Italian office cannot legally force you to give it back. Hold onto it.
- Ask for a written explanation. If your citizenship is being questioned or your passport renewal is denied, insist on receiving a formal letter. According to Italian law, the Consulate has an obligation to give you a special notice to explain that they are considering to queston your right to the Italian passport or citizenship. They have to give you a deadline of minimum 10 days to present your reasons and possible documents. This obligation is set in Article 10bis of the Law on the Administrative Process no. 241/1990.
- Write them. What if they don’t give you a written explanation? No problem. You can write them a letter, describe what happened and demand a written explanation according to the law (Article 10bis of the Law on the Administrative Process no. 241/1990). It’s best if you obtain a receipt, so send this by PEC (the Italian Certified Email Protocol) or registered mail.
- Respond to their letter on time. If they give/send you the “10 bis notice” (no. 2 above) or reply to your letter (no. 3), responding on time is crucial. You don’t have to give them anything special, just respond that you need more time to prepare your defense. Give a resonable time, like 30-45 days, for example. It is crucial that you have proof that the Consulate received your response. This is the moment to seek legal help, fast!
- Demand a written decision. Finally, only after they have given you this letter and a Decreto signed by the Italian Consul. This official document is required if they wish to revoke your passport, deny its renewal, or revoke your citizenship. Having this in writing not only holds the office accountable but also helps you understand the reasoning behind their decision—even if it appears unjust—so you can effectively defend your rights.
Following these steps quickly can help you protect your citizenship and your rights.tions of the law to protect your rights.
Get expert legal help as soon as possible. You are seriously risking to be stripped of your Italian citizenship. Getting the help of a real expert lawyer may succeed in avoiding having to bring your case to Court. And if it will be necessary to go to Court, they will have prepared the groundwork with the Consulate in a way that makes your case very strong.
For now, there is no sweeping directive to revoke citizenship across the board. The best approach is to stay informed and prepared, using these legal principles to defend your status if necessary. Remember: legal certainty and the protection of acquired rights remain central pillars of Italian law, even in light of shifting judicial interpretations.
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