L. 05/02/1992 No 91
New rules on citizenship.
Published in the Official Gazette. No. February 15, 1992, No 38.
View current text on http://www.normattiva.it/
[more Implementing Rules ]
1. 1. It is a citizen by birth:
a) the child's father or mother of citizens;
b) those born in the territory of the Republic if both parents are unknown or stateless, or if the child does not follow the nationality of the parents under the law of the State to which they belong.
2. It is considered a citizen by birth the son of unknown parents found in the territory of the Republic, if it is proved the possession of another nationality.
2. 1. The recognition or declaration proceedings of the subsidiary during the minority of the child determines its nationality in accordance with the provisions of this law.
2. If the child is recognized or declared an adult retains its status of citizenship, but may declare, within one year from approval or judicial declaration or the declaration of effectiveness of the foreign order to elect the nationality determined by the subsidiary.
3. The provisions of this Article shall also apply to children for whom paternity or maternity leave can not be declared, provided it has been judicially recognized their right to maintain or food.
3. 1. The foreign child adopted by an Italian citizen acquires the nationality.
2. The provision of paragraph 1 shall also apply in respect of adopted before the date of entry into force of this Act.
3. If the adoption is withdrawn because of the adoptee, they lost their Italian citizenship, provided that it is in possession of another citizenship or buybacks.
4. In other cases of withdrawal of the adopted retain Italian citizenship. However, if the withdrawal occurs in the age of the adoptee, the same, if in possession of another nationality, or if the repurchases, however, may renounce Italian citizenship within one year the withdrawal itself.
4. 1. An alien or stateless person, whose father or mother or one of the ascendants in the second grade were citizens by birth, became a citizen:
to ) if serves in the military for the Italian State and declares in advance of your intention to acquire Italian citizenship;
b) if you take public employment with the State, even abroad, and declares its intention to acquire Italian citizenship;
c) if it reaches the age, legal residence for at least two years in the territory of the Republic and declare, within one year of achievement, he wants to acquire Italian citizenship.
2. A foreigner born in Italy, who have resided legally and without interruption until the coming of age, becomes a citizen if he declares he wants to acquire Italian citizenship within one year from that date.
5. 1. The spouse, alien or stateless person, an Italian citizen may acquire Italian citizenship when, after marriage, legally resident for at least two years in the territory of the Republic, or after three years from the date of marriage if residing abroad, when at the the time the order under section 7, paragraph 1, has not been involved the dissolution, annulment or termination of the civil effects of marriage and there is no separation of the spouses.
2. The terms referred to in paragraph 1 shall be reduced by half in the presence of children born or adopted by the spouses.
6. 1. Preclude the acquisition of nationality under Article 5:
a) conviction for any of the crimes provided for in Book II, Title I, Chapters I, II and III of the Criminal Code;
b ) conviction for a crime committed intentionally for which the law provides for a penalty prescribed by law of not less than three years of imprisonment or conviction for a non-political crime to a term of imprisonment exceeding one year by a foreign court when the sentence has been recognized in Italy;
c) the existence, in this case, of established interests of the security of the Republic.
2. The recognition of foreign decision is required by the Attorney General of the district which houses the register office where the marriage is entered or entered, even for the sole purpose and effect of paragraph 1, letter b ).
3. Rehabilitation could stop exclusionary effects of the sentence.
4. The acquisition of nationality shall be suspended until notification of the decree absolute, if prosecution was brought by one of the crimes referred to in paragraph 1, letter to ) and letter b) the first period and for the time which the proceedings are pending for the recognition of foreign criminal judgments, referred to in that paragraph 1, letter b ), the second period.
7. 1. Under Article 5, the citizenship is acquired by the Minister of the Interior, to request the interested party submitted to the mayor of the municipality of residence or the competent consular authority (see note) .
2. The provisions referred to ' Article 3 of Law January 12, 1991, No 13 .
(Note: An application for the purchase or Italian citizenship is now presented to the Prefect - art. 1, 18 April 1994 Presidential Decree No 362. See, also, art. 8 the same decree.)
8. 1. By reasoned decree, the Minister shall reject the application of Article 7 where there are impediments causes provided in Article 6. In the case of grounds of security of the Republic, the decree is issued in accordance with the opinion on the Council of State. The application may be rejected revived after five years of the date of.
2. The issue of the decree rejecting the application is precluded when the date of submission of the application itself, accompanied by the required documentation, and after a period of two years.
9. 1. Italian citizenship can be granted by the President of the Republic, after consulting the State Council on the proposal of Minister of Interior:
a) an alien whose father or mother or one of the direct ancestors of second grade were citizens by birth, or who was born in the territory of the Republic, and in both cases, legally resident for at least three years, however, except as provided in Article 4, paragraph 1, letter c )
b) the alien adopted by an Italian citizen who resides legally in the territory of the Republic for at least five years after the adoption;
c) an alien who has served, even abroad, for at least five years employed by the State;
d) a national of a Member State of the European Communities whether legally resident for at least four years in Italy;
and ) stateless person residing legally for at least five years in Italy;
f) an alien lawfully resident for at least ten years in the territory of the Republic.
2. By decree of the President, after consulting the State Council and after consideration by the Council of Ministers, upon proposal of the Minister of the Interior, in consultation with the Minister of Foreign Affairs, citizenship may be granted to an alien if he has rendered distinguished services Italy, which is invoked when an unusual interest of the state.
9-bis. 1. For the purposes of the election, purchase, repurchase, waiver or granting of citizenship, request or statement by the person must still be attached to the certification as evidence of legal requirements.
2. Instances of election or statements, purchase, repurchase, cancellation or granting of citizenship are subject to payment of a contribution amounting to € 200.
3. The revenue resulting from the contribution referred to in paragraph 2 shall be paid into the state budget to be reallocated to the state budget of the Ministry of the Interior that provides, for half the financing projects of the Department for Civil Liberties and Immigration direct to international collaboration and cooperation and assistance to third countries on immigration, including through participation in programs funded by the European Union and the other half, to cover expenses activities related to investigations relating to proceedings of competence of the Department of Immigration, asylum and citizenship.
10. 1. The decree granting the citizenship has no effect if the person to whom it relates does not pay within six months of notification of that order, swearing to be faithful to Republic and to uphold the Constitution and laws of the State.
11. 1. The citizen who possesses, purchases or buys a foreign citizenship retains the Italian, but it may give up if they are resident or established residence abroad.
12. 1. The Italian citizen loses his citizenship if, having accepted a public or a public office by a State or foreign public body or an international organization which does not participate in Italy, or military service to a foreign country, does not comply, within set and the intimacy that the Government Italian can ask him to leave employment, office or military service.
2. The Italian citizen who, during a state of war with a foreign State has agreed or has not abandoned a public employment or public office, or has served in the military for that State without obligation, that he has voluntarily acquired the citizenship, he loses Italian citizenship at the time of termination of a state of war.
13. 1. Who has lost the nationality of the repurchases:
to ) if serves in the military for the Italian State and declares he wants to recover previously;
b) if, taking or having taken a public employment with the State, even abroad, says he wants to recover;
c) if he declares he wants to recover and has established or establishes, within one year after the declaration, a resident in the territory of the Republic;
d) one year after the date on which he established residence in the territory of the Republic, without the express renunciation within that same period;
and ) if, having lost for not having complied with the abandoning of the use or charge accepted by a State, by a public body or by foreign an international organization, or military service for a foreign state, says he wants to recover, provided that has taken up residence for at least two years in the territory of the Republic and try to have abandoned the use or the office or military service, employees or despite the notice provided for in Article 12, paragraph 1.
2. There shall be no re-acquisition of nationality in favor of those who have lost under Article 3, paragraph 3 and Article 12, paragraph 2.
3. In the cases referred to in paragraph 1, letter c ) d) and and ), the reacquisition of citizenship has no effect if it is inhibited by the Minister of the Interior, for serious reasons and in accordance with the opinion of the State Council. This inhibition may be taken within a period of one year from the established conditions.
14. 1. Minor children of those who gained or regained their Italian citizenship, if living with it, acquire Italian citizenship, but have become adults, they can pull out, if in possession of another nationality.
15. 1. The purchase or repurchase of citizenship takes effect, except as provided in Article 13, paragraph 3, the day following that on which the conditions are fulfilled and formalities required.
16. 1. The stateless persons lawfully resident in the territory of the Republic is subject to Italian law with regard to the exercise of civil rights and obligations of military service.
2. The stranger recognized as a refugee by the Italian State in accordance with the requirements of the law or international conventions shall be treated as stateless person for the purposes of this Act, apart from military service obligations.
17. 1. Who has lost their citizenship application of Articles 8 and 12 of the Law of 13 June 1912, No 555 , or for not making the options under the ' Article 5 of Law April 21, 1983, No 123 , if the repurchases made a declaration to that effect within two years from the date of entry into force of this Act.
2. I remain, as provided by ' Article 219 of the Law of 19 May 1975, n. 151 .
17-bis. 1. The right to Italian citizenship is recognized:
a) persons who were Italian citizens, former residents of the territories belonging to the Italian state subsequently ceded to the Republic Yugoslavia under the Treaty of Peace signed at Paris on 10 February 1947, enforced by the Decree of the Provisional Head of State November 28, 1947, No 1430, ratified by Law November 25, 1952, No 3054, or under the Treaty of Osimo November 10, 1975, enforced by law March 14, 1977, No 73 , as provided for and meeting the requirements for the right of option under Article 19 of the Paris Peace Treaty and Article 3 of the Treaty of Osimo,
b) people and language Italian culture they were born or descendants of persons referred to in letter ).
17-b. 1. The right to recognition of Italian citizenship under Article 17 - bis is exercised by the persons concerned by the provision of a municipal authority instance authorized Italian in the home country of the moment, or, if they satisfy the conditions , the consular authority, after production by the instant of appropriate documentation, in accordance with the provisions in Circular of the Ministry of the Interior, issued together with the Ministry of Foreign Affairs.
2. In order to certify that the conditions referred to in subparagraph a) of paragraph 1 of Article 17 - bis , The instance must still be attached to the certification as evidence at the time of Italian citizenship and residence in the territories belonging to the Italian State and subsequently transferred to the Yugoslav Republic under the treaties referred to in that paragraph 1 of Article 17 - bis .
3. In order to certify that the conditions referred to in subparagraph b) of paragraph 1 of Article 17 - bis , the instance must still be attached the following documents:
to ) birth certificates showing the ratio of direct lineage between the applicant and the parent or ascendant;
b) certification history, provided for the exercise of the option referred to a letter ) of paragraph 1 of Article 17 - bis , attesting to the Italian citizenship of the parent or the instant of his rising in a straight line and the resident of the territories belonging to the Italian State and subsequently transferred to the Yugoslav Republic under the treaties referred to in that paragraph 1 of article 17 - bis ;
c) the documentation necessary to demonstrate the requirement Italian language and culture of the moment.
18. [deleted].
19. 1. This does not affect the provisions of the law January 9, 1956, No 27 on entry into the records of civil status of measures for the recognition of options for Italian citizenship, according to Article 19 of the Treaty of Peace between the Allied and Associated Powers and Italy, signed in Paris February 10, 1947 .
20. 1. Unless expressly provided, the status of citizenship acquired before this Act does not change except for matters arising after the date of entry into force.
21. 1. In accordance with the procedures laid down in Article 9, the Italian citizenship may be granted to an alien who has been affiliated with an Italian citizen before the date of entry into force of the law May 4, 1983, No 184 , and residing lawfully in the territory of the Republic at least seven years after membership.
22. 1. For those who, at the date of entry into force of this Act, have already lost their Italian citizenship within the meaning of ' Article 8 of Law June 13, 1912, No 555 , cease any military obligation.
23. 1. The declarations for the purchase, retention, repurchase and the renunciation of citizenship and the oath provided for in this Law shall be made to the state official of the municipality where the registrant resides or intends to take up residence, or, If you are resident abroad, before the competent diplomatic or consular of the place of residence.
2. The declarations referred to in paragraph 1, and the acts or measures relating to the loss, the preservation and re-acquisition of Italian citizenship are transcribed in the registers of citizenship and they will make notes in the margins of the birth certificate.
24. [deleted].
25. 1. The measures necessary for the implementation of this law are enacted, within one year after its entry into force by decree of the President of the Republic, having heard the opinion of the State Council and after consideration by the Council of Ministers, upon proposal of the Ministers of Foreign and Interior, in consultation with the Minister of Justice.
26. 1. They repealed the law June 13, 1912, No 555 , the law January 31, 1926, No 108 , the Royal Decree-Law 1 December 1934, n. 1997, converted into law April 4, 1935, No 517, Article 143 - ter of the Civil Code, the law April 21, 1983, No 123 , the ' Article 39 of the Law of 4 May 1983, n. 184 , the Law of 15 May 1986, no 180 , and any other provisions inconsistent with this Act.
2. It abolished the requirement of the option to ' Article 5, second paragraph, of Law April 21, 1983, No 123 , and all ' Article 1, paragraph 1, of Law May 15, 1986, No 180 .
3. Not affect the other provisions of international agreements.
27. 1. This Act shall enter into force six months after its publication in the Official Gazette.
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