DPR 12/10/1993 n. 572
rule of the law of 5 February 1992, n. 91, establishing new rules on citizenship.
Published in the Official Gazette. No. January 4, 1994, No 2.
View current text on http://www.normattiva.it/
THE PRESIDENT OF THE REPUBLIC
view of the art. 87 of the Constitution;
Given the law of 5 February 1992, n. 91 laying down new rules on citizenship, and in particular art. 25;
Given the ' art. 17, paragraph 1, of Law August 23, 1988, No 400 ;
heard the opinion of the State Council, expressed in the general meetings of 30 November 1992 and May 17, 1993;
Given the decision of the Council of Ministers, adopted at its meeting on October 7, 1993;
On the proposal of Ministers of Foreign Affairs and Interior, in consultation with the Minister of Justice;
Emana the following rules:
1. In this Regulation, the law February 5, 1992, No 91, is shown under the name "law".
2. For the purposes of the acquisition of Italian citizenship:
to ) is considered legally resident in the State who resides there having satisfied the conditions and formalities required by the rules of entry and stay of foreigners in Italy and those in the field of birth registration;
b) is deemed to have actually worked military service who has completed the firm's leverage in the Italian armed forces or the provision of a service equivalent to military, provided they are fully rendered, unless the failure to complete depends on which occurred in cases of force majeure recognized by the competent authorities;
c) Except in cases where the law specifically requires the existence of a public employment, is deemed to have served in the employ of the State who has been part of an employment relationship with pay from State budget.
1. The child born to foreign parents in Italy, does not acquire the Italian citizenship by birth within the meaning of art. 1, paragraph 1, letter b ) of the Act, if the ordering of the parents' country of origin provides for the transmission of citizenship to children born abroad, possibly subject to a declaration of willingness on the part of parents or legal representatives of the child, or the fulfillment of paperwork by themselves.
1. The statement will revolt of the acquisition of nationality in art. 2, paragraph 2 of the Act shall contain the following information:
a) birth certificate;
b) act of recognition or a certified copy of the ruling in which it is declared paternity or maternity, or copy authentic ruling declaring effective in Italy the pronunciation of the foreign court, or certified copy of the ruling in which it is entitled to maintenance or food;
c) certificate of citizenship of the parent.
2. The declaration of intention in art. 4, paragraph 1, letters b) and c) of the Act shall contain the following information:
a) birth certificate;
b) certificate of Italian citizenship by birth of the father or mother or one of ascendants in the second degree;
c) records of the residence, if required.
3. For the purposes of the acquisition of citizenship under Article. 4, paragraph 1, letter c) of the Act, the applicant must have resided legally in Italy without a break the last two years prior to the attainment of age until the date of declaration of intent.
4. The declaration of intention in art. 4, paragraph 2 of the Act shall contain the following information:
a) birth certificate;
b) records of the residence.
1. An application made pursuant to art. 7 of Law by the alien or stateless person married to an Italian citizen, must be accompanied not only by the necessary documents to prove that he is in the conditions provided by art. 5 of the Act, even more of the following documents:
a) birth certificate;
b) extracted from the summary record of marriage issued by the Italian municipality in which it was written or transcribed to the Act;
c) certification issued criminal by foreign countries of origin and residence;
d) Certificate of family situation or equivalent documentation.
2. The panel referred to in paragraph 1 shall be forwarded to the Ministry of the Interior within thirty days from the date of application.
3. An application made pursuant to art. 9 of the Act by an alien or stateless person who desires to obtain citizenship should be submitted through the prefect of the province of residence, the Ministry of Interior, together with, in addition to the documents required to prove that he is in a condition included in that article, the following others:
to ) birth certificate;
b) Certificate of family situation;
c) Criminal certification issued by the States of origin and residence.
4. The panel referred to in paragraph 3 shall be forwarded to the Ministry of the Interior within thirty days from the date of application.
5. You may ask the Ministry of the Interior, as appropriate, other documents.
6. When the law is independent of the current requirement of residence in Italy, the application and documents must be submitted by foreign nationals or stateless person requesting the competent Italian diplomatic or consular authority in relation to a foreign place of residence shall transmit them within thirty days Ministry of Interior.
7. The conditions for the submission of such referred to in art. 9 of the Act should be maintained until the oath of Article. 10 of the Act.
1. The authority competent to reject a provision justified the request made pursuant to art. 9 is the Minister of the Interior.
2. The panel referred to in paragraph 1 may be revived after a year of the date of same.
1. For the purposes of paragraph 4 of art. 6 of the Act, the procedure of recognition of the foreign sentence is considered pending the formal request from the Ministry of the Interior to the Ministry of Foreign Affairs for initiating the process required to obtain a copy of the Judgement itself.
1. The notification of the decree conferring citizenship must be made by the jurisdiction under Article. 23 of the Act within ninety days of receipt of that order.
2. The oath referred to in art. 10 of the Act must be paid within six months of notification all'intestatario the decree referred to in Articles 7 and 9 of the Act.
3. The oath referred to in paragraph 2 shall be provided, in Italy, before the civil officer of the municipality of residence and abroad, diplomatic or consular authority before Italian foreign jurisdiction for the locality of residence, which issues the copy of the minutes of the oath, and send a copy of this and of the decree granting the civil officer of the joint authority of the Republic according to the rules of the civil .
4. The registrar before whom the oath was, or to whom it was sent a copy of the report referred to in paragraph 3, provides for transcribing and annotating the decree in the acts of civil status and shall immediately notify the Ministry of Interior.
5. After six months from date of notification of the decree, the person is not allowed to take an oath if it proves with the production of new documents to the Ministry of the Interior, the permanence of the conditions under which he was granted citizenship.
6. The oath must be preceded by the payment of the fee for a government grant and stamp duty paid under the applicable provisions.
1. Abroad, the renunciation of citizenship must be before the Italian diplomatic or consular authority competent for the place where he resides renunciate.
2. In Italy, the renunciation of Italian citizenship to be made before the officer marital status of the municipality of residence.
3. The declaration of waiver must be accompanied by the following documentation:
to ) birth certificate issued by the municipality in which the act is written or transcribed
b) certificate of Italian citizenship;
c ) documentation relating to the possession of foreign citizenship;
d) records of residence abroad, if required.
1. The notice referred to art. 12, paragraph 1, of the law is made by the Minister of the Interior and shall take effect from the date of notification to the person.
2. Loses its citizenship, the day after the deadline set by the decree of injunction, who has not abandoned, within the same period, use or charge accepted by a State, a foreign public body or an international organization, or service military to a foreign country.
1. The buy-back statements referred to in Articles 13 and 17 of the Act must be accompanied by the following documents:
a) a birth certificate issued by the municipality in which the act is written or transcribed
b) documentation showing the elapsed Italian citizenship;
c) documents relating to the possession of foreign citizenship, or status of statelessness;
d) Certificate of family situation or equivalent documentation.
1. For the purposes of art. 13, paragraph 1, letter and ) of the Law test they have abandoned the use or charge accepted by a State, a foreign public body or an international organization, and military service for a foreign state must be given to the Ministry of Interior.
2. The disqualification order preventing the occurrence of the re-acquisition of citizenship despite the fulfillment of the conditions set out in paragraph 1, letters c ) d) and and ), art. 13 of the Act shall be forwarded to the appropriate registrar for transcribing and annotating the margin of the birth.
3. For the purposes of art. 13, paragraph 3, of the law the Mayor is required to give notice to the prefect of province, whose territory includes the municipality, the generality of former countrymen registered at the resident population, within thirty days of their registration.
1. For the purposes of art. 14 of the Act the acquisition of citizenship by children of those who buy or reacquire Italian citizenship occurs if they are living with the parents at the time in which it acquires or regains citizenship.
2. The cohabitation must be stable and effective and properly attested by appropriate documentation.
1. Pursuant to art. 15 of the Act, the acquisition or reacquisition of citizenship, under Articles 4, paragraph 1, letter to ), and 13, paragraph 1, letter to ) of the Act, from the day following that of the dismissed.
1. The declarations for the election, the purchase, repurchase and the renunciation of citizenship must be accompanied, in addition to the documentation referred to respectively in Articles 3, 8 and 10, also any other documents necessary to prove that the declarant is under the conditions provided by law.
2. Where the declarations referred to in paragraph 1 are not accompanied by the prescribed documentation, to receive the registrar or diplomatic or consular authority shall invite the applicant to produce such documentation.
3. The renunciation of citizenship under Article 3, paragraph 4, 13, paragraph 1, letter d ), and 14 of the Act allows to subsequently acquire citizenship only in accordance with Articles 5 and 9 of the Act.
4. For the purposes of art. 23, paragraph 1 of the Act, the statements referred to in paragraph 1 and taking an oath under Article. 10 of the Act must, in Italy, be brought before the civil officer of the municipality where the person resides or intends to establish residency, if this was indicated and not yet defined the procedure.
1. The competent authority to apply administrative sanctions provided for in art. 24 of the Act is, for the Italian citizen residing in Italy, the prefect of the province in whose territory including the municipality of residence and, for Italian citizens resident abroad, the prefect of the province in whose territory includes the municipality in which records must be transcribed, within the meaning of the civil register, the Declaration provided by Article. 24 of the Act.
1. The registrar who registered the declaration from the applicant, once the acquisition, loss, or failure to repurchase the reacquisition of nationality shall send a copy of the declaration itself and the accompanying documents to the competent authority to ascertain whether the conditions that the law provides for the occurrence of the effects described above.
2. The competent authority, pursuant to paragraph 1, is the mayor of the municipality in which the declaration was recorded in the cases provided for in Articles 2, paragraphs 2 and 3, 3, subsection 4, 4, paragraph 1, letter c ) 4, paragraph 2, 11, 13, paragraph 1, letters c ) and d) 14 and 17 of the Act.
3. When the declaration, together with the accompanying documents, was received by the diplomatic or consular post, this is relevant in the circumstances envisaged in paragraph 2, to operate the finding that the conditions set by law.
4. In any case, other than those referred to in paragraph 2, which also provided a declaration is concerned, the investigation authority is the Ministry of the Interior, which the registrar or the diplomatic or consular authorities send a copy of the declaration received by the person and the documentation produced by them.
5. The diplomatic or consular authorities, in cases where the investigation is carried out directly, send to the state official responsible, received a copy of the declaration and notification of the outcome of the investigation. The mayor, in cases within its competence, shall transmit to the state official communication the outcome of the investigation. Similarly, the Ministry of the Interior in respect of the civil officer who sent the documents and when these are received by the diplomatic or consular officer of the civil transmits identified within the meaning of art. 63, also copy of the declaration concerned.
6. [Deleted].
7. The transmission of documents and communications referred to in this Article shall be conducted without delay. A determination about whether the conditions prescribed by law for the acquisition, loss, repurchase, the repurchase of non-citizenship is to be made by the competent authority within one hundred days from receipt of documents.
8. With the exception of cases provided by art. 1 of the Act and those that require a declaration from the applicant, the mayor, based on the results of the state and civil registries, issuing certificate of purchase, loss or reacquisition of citizenship by persons resident in the municipality or recorded at 'AIRE of the municipality and shall, for the purposes of registration in the annotation in the birth and citizenship, the officer of civil status. The attestazini for children living abroad, referred to 'Article 14 of Law February 5, 1992, No 91 are issued by diplomatic or consular mission on the basis of the findings marital status and even foreign registries, and the provisions of Article 12 of this Regulation, the authorities send the diplomatic or consular officer of the civil authority for record on the birth certificate.
9. The certification of citizenship is granted on the basis of the findings of the state and civil registries in Italy by the mayor of the municipality of residence of the parties and abroad by the diplomatic or consular jurisdiction. Can not be issued certificates or documents that have the prerequisite for having produced one of the effects provided by law, which has been previously ascertained by the competent authority the existence of all the conditions laid down for such an effect is produced.
1. The Interior Ministry is able to certify the condition of statelessness, on application by the person with the following supporting documentation:
a) birth certificate;
b) documents relating to residence in Italy;
c) any document to show the status of stateless persons.
2. You may ask the Ministry of the Interior, as appropriate, other documents.
1. The statement of withdrawal from the purchase of Article. 13, paragraph 1, letter d) of the Act may be made to the competent authorities within six months from the date of entry into force of this Regulation if done by those who, not having yet regained their citizenship in accordance with the provisions laid down 'Art. 9, first paragraph, no 3 repeal the Law of 13 June 1912, No 555 , have matured or will mature within this period the period of residence required under the said Article. 13, paragraph 1, letter d ).
19. Repeal of rules. 1. Is hereby repealed Royal Decree of 2 August 1912, No 949 , the date of entry into force of this Regulation.
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