ius soli, sanguinis, scholae, cittadinanza italiana

Citizenship referendum: the difference between ius Italiae, soli, sanguinis, scholae and culturae

At the beginning of September a popular initiative started a collection of signatures to call a referendum and ask for one edit of the current legislation on the acquisition of Italian citizenship: the proposal is to halve the time required for the possible attribution of the status and thus also encourage the recognition as Italian citizens of many children of foreigners residing in our country. The initiative had a great popular participationreaching and exceeding the quorum of 500,000 signatures, necessary to be examined by the Constitutional Court. If the latter deems it admissible, in June 2025 Italian citizens will have to vote to change the citizenship law. We remember that according to l‘Istat, in 2024 the number of foreigners in Italy it exceeds 5 million, of which more than one million consists of minors. But what are the differences between jus soli, jus sanguinis, ius scholae, jus culturae and the most recent proposal on ius Italiae?

The jus sanguinis

The jus sanguinis it is the law according to which citizenship of a particular country is acquired following birth to parents from that country. This is where the name comes from jus sanguinisthat is, “right of blood”. In Italy, with law 91 of 1992, this principle is currently in force, therefore Italian citizenship is obtained by being born from one or both Italian parents. Furthermore, to guarantee the children of our emigrants the maintenance of the link with their country of origin, the previous law on citizenship – n.555 of 1912 – also introduced the possibility of acquiring citizenship by those who had a Italian parent or descendant even if born in a foreign state that had granted them citizenship through the jus solitherefore also “preserving” Italian citizenship. This is what happens today to many US and Argentine citizens who, due to the great immigration of the early 1900s especially from southern Italy, maintain their Italian citizenship, having a Italian ancestor. The curious aspect is that this lineage has no generation limits, that is, it is not limited in time. The important requirement is to verify that the ancestor, an Italian citizen, maintained citizenship until the birth of the descendant. The authority responsible for ascertaining descent is the territorial office of the place of residence, therefore in the case of residents abroad it is theconsular office.

The jus soli

The jus solias the name suggests, refers to birth on the ground of the State in which citizenship is requested. A citizen is therefore anyone born in the territory of a State, regardless of the citizenship of their parents or their descendants. Currently, it jus soli is in force in numerous European countries such as France, Germany, the United Kingdom and Ireland – with conditions – and also in almost all countries on the American continent.

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Right of citizenship through jus soli. Countries where it is automatic are in blue, those where it is limited to certain conditions are in blue.

The jus culturae

With jus culturae reference is made to a bill that was approved in 2015 in the Chamber of Deputies but then blocked in the Senate in 2017. According to this principle, the acquisition of citizenship for the foreigner born in Italy or who arrived before the age of 12 was linked to successful completion and passing of a cycle of studies for at least five years or an educational path e professional training three- or four-year course to obtain a professional qualification. It then provided that minors born abroad but arriving in Italy between the ages of 12 and 18 could apply for citizenship after a period of residence of at least six years and having passed a school cycle.

The ius scholae

In the 2022 a bill, similar to jus culturaewanted to introduce the so-called ius scholaeaccording to which a foreign minor who is born in Italy or who arrives in Italian territory within the age of 12 can acquire Italian citizenship if he regularly attends for at least five years one or more school cycles in national educational institutions or otherwise eligible to obtain a professional qualification. This proposal was blocked in Parliament but is now returning to the center of the debate regarding the citizenship referendum. According to him ius scholaeto obtain citizenship you must present a declaration of will by the time a person reaches the age of majority parent who resides in Italy or from a legal guardian. The application must be submitted to the office of the municipality of residence of the minor. The latter can also apply for citizenship within two years from reaching the age of majority, if the parents have not done so previously.

And it ius Italiae?

A few days ago one was presented bill by the Forza Italia party and in particular by the Minister of Foreign Affairs Antonio Tajani: lo ius Italiae. The law, taking up and modifying it ius scholae, would be based on three points:

1) Establishes that the foreign minor can obtain Italian citizenship following the completion and passing of 10 years Of compulsory school: 5 years of elementary school, 3 years of middle school and 2 years of high school.
2) Reduces and modifies transmission via jus sanguinis: the possibility of requesting citizenship by descent will in fact be limited to only two generations
3) Reduces timescales current waiting periods: from 2 years (extendable up to a maximum of 3 years) to 1 year (extendable by a further 6 months).
Furthermore, the Ius Italiae grants both Municipalities and Consulates the possibility of increase up to 600 euros the cost of practices bureaucratic for the citizenship of nativei.e. foreigners of Italian origin who apply via jus sanguinis, demonstrating descent from an Italian citizen.

The law currently in force in Italy

Italy, among European countries, is one of the most severe in the granting of citizenship. According to the current law, n. 91 of 1992, the principle of jus sanguinis it is the only way to acquire Italian citizenship. The jus soli it is limited only ai children of unknown, stateless people or to children who do not follow their parents’ citizenship. Other ways to acquire citizenship are the jure communicatiothat is, the transmission of the condition within the family through marriage, adoption, recognition or declaration of filiation, and the “naturalization” that is, living in Italian territory for at least 10 continuous years. In this case, the concession is not automatic but takes place through aanalyses by the competent state bodies and offices.

The current demand for a referendum on citizenship

The popular motion that passed 630,000 signatures to promote a referendum on citizenship he proposes to lower from ten to five years the mandatory time of stay within Italian territory to apply for citizenship. The requirements would remain the same as those in the current law: the knowledge of the Italian languageadequate economic support to reside in the country and tax obligations.