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Italian nationality law
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Italian nationality law
The primary law governing nationality of Italy is Law 91/1992, which came into force on 16 August 1992. Italy is a member state of the European Union (EU), and all Italian nationals are EU citizens. They are entitled to free movement rights in EU and European Free Trade Association (EFTA) countries, and may vote in elections to the European Parliament.
The distinction between citizenship and nationality is not always clear in the English language and differs by country. Generally, nationality refers to a person's legal belonging to a sovereign state and is the common term used in international treaties when addressing members of a country, while citizenship usually means the set of rights and duties a person has in that nation.
In Italian, the term "citizenship" (cittadinanza) refers to membership in a political community while "nationality" (nazionalità) can indicate a person's belonging to an ethnic or cultural group. While both terms are used in legislation when dealing with national status, "citizenship" is used more frequently.
Before Italian unification in the mid-19th century, the Italian Peninsula was divided between several Italian monarchies, the Papal States, and the Austrian Empire. The Kingdom of Sardinia partially unified the region and proclaimed the Kingdom of Italy in 1861, before fully unifying the peninsula with the capture of Rome in 1870.
Prior to unification, the Kingdom of Sardinia adopted the Statuto Albertino as its constitution in 1848. This piece of legislation established a basic set of political rights for male citizens, including the right to vote in elections and eligibility for public office. Under this statute, children of Sardinian fathers born overseas were Sardinian subjects. Male children who were Sardinian subjects by birth were required to return to the kingdom within three years of reaching the age of majority to fulfill a mandatory military service requirement in order to retain their Sardinian status. Foreigners could naturalise as Sardinian subjects by application to the sovereign, and foreign women who married Sardinian men automatically acquired subject status at the time of their marriage. Children born in state territory to foreign parents permanently domiciled in the kingdom were considered to be subjects by birth.
Although the law addressed acquisition and loss of subject status for cases involving foreign residence or marriage, it lacked a definition for who held Sardinian citizenship at the time of the law's adoption and instead assumed that virtually all of the population were naturally members of the state. Following the Italian kingdom's proclamation in 1861, a new Civil Code was enacted in 1865 that included provisions clarifying Italian citizenship acquisition. This legislation codified jus sanguinis as the primary basis through which citizenship is acquired; any individual born to an Italian father automatically acquired Italian citizenship by descent.
On 13 June 1912, Law number 555, concerning citizenship, was passed, and it took effect on 1 July 1912.
Despite the fact that the Statuto Albertino did not make any reference to equality or inequality between the sexes, the precept of the wife's subordination to the husband—one having ancient antecedents—was prevalent in the basic legal system (the legislative meaning). There are numerous examples in the codified law, such as article 144 of the Civil Code of 1939 and, specifically, law number 555 of 13 June 1912 "On Italian Citizenship". Law 555 established the primacy of the husband in the marriage and the subordination of the wife and the children to his events pertinent to his citizenship. It established:
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Italian nationality law
The primary law governing nationality of Italy is Law 91/1992, which came into force on 16 August 1992. Italy is a member state of the European Union (EU), and all Italian nationals are EU citizens. They are entitled to free movement rights in EU and European Free Trade Association (EFTA) countries, and may vote in elections to the European Parliament.
The distinction between citizenship and nationality is not always clear in the English language and differs by country. Generally, nationality refers to a person's legal belonging to a sovereign state and is the common term used in international treaties when addressing members of a country, while citizenship usually means the set of rights and duties a person has in that nation.
In Italian, the term "citizenship" (cittadinanza) refers to membership in a political community while "nationality" (nazionalità) can indicate a person's belonging to an ethnic or cultural group. While both terms are used in legislation when dealing with national status, "citizenship" is used more frequently.
Before Italian unification in the mid-19th century, the Italian Peninsula was divided between several Italian monarchies, the Papal States, and the Austrian Empire. The Kingdom of Sardinia partially unified the region and proclaimed the Kingdom of Italy in 1861, before fully unifying the peninsula with the capture of Rome in 1870.
Prior to unification, the Kingdom of Sardinia adopted the Statuto Albertino as its constitution in 1848. This piece of legislation established a basic set of political rights for male citizens, including the right to vote in elections and eligibility for public office. Under this statute, children of Sardinian fathers born overseas were Sardinian subjects. Male children who were Sardinian subjects by birth were required to return to the kingdom within three years of reaching the age of majority to fulfill a mandatory military service requirement in order to retain their Sardinian status. Foreigners could naturalise as Sardinian subjects by application to the sovereign, and foreign women who married Sardinian men automatically acquired subject status at the time of their marriage. Children born in state territory to foreign parents permanently domiciled in the kingdom were considered to be subjects by birth.
Although the law addressed acquisition and loss of subject status for cases involving foreign residence or marriage, it lacked a definition for who held Sardinian citizenship at the time of the law's adoption and instead assumed that virtually all of the population were naturally members of the state. Following the Italian kingdom's proclamation in 1861, a new Civil Code was enacted in 1865 that included provisions clarifying Italian citizenship acquisition. This legislation codified jus sanguinis as the primary basis through which citizenship is acquired; any individual born to an Italian father automatically acquired Italian citizenship by descent.
On 13 June 1912, Law number 555, concerning citizenship, was passed, and it took effect on 1 July 1912.
Despite the fact that the Statuto Albertino did not make any reference to equality or inequality between the sexes, the precept of the wife's subordination to the husband—one having ancient antecedents—was prevalent in the basic legal system (the legislative meaning). There are numerous examples in the codified law, such as article 144 of the Civil Code of 1939 and, specifically, law number 555 of 13 June 1912 "On Italian Citizenship". Law 555 established the primacy of the husband in the marriage and the subordination of the wife and the children to his events pertinent to his citizenship. It established:
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