S.i call “Ius scholae” and it means that the approx 800,000 children of immigrants, born and raised in Italy, will be able to become Italians in all respects. On one condition, however: that they have done at least a 5-year school cycle.
“Ius scholae”, the reform process begins
To predict it is the unified text of the reform of citizenship presented in Constitutional Affairs Commission by the president of the organization and rapporteur Giuseppe Brescia (M5S). In this way, the theme of “Ius soli” which has so far only divided Parliament.
How it will work
The two articles that will change the law on citizenship provide that it will acquire Italian citizenship “the foreign minor born in Italy or the minor who entered it by the age of 12 and resided there legally and without interruption “. The same minor must “have regularly attended, in the national territory, for at least five years, one or more school cycles“.
“Ius scholae”, how to request it
To obtain citizenship, according to what is read in the text, it will be necessary “a declaration of will to that effect expressed by both parents legally resident in Italy “by the age of majority of the person concerned. The request must be made to the civil status officer of the municipality of residence of the minor and must be noted in the civil status register.
Should the parents of the minor did not ask the questioneven if the requisites exist, the interested party can still acquire Italian citizenship. He’ll just have to make the request himself to the registrar within two years of reaching the age of majority.
The interested party can also decide instead to renounce Italian citizenship if in possession of another nationality, but must do so within two years of reaching the age of majority.
Ius scholae, the fundamental school for integration
The right of citizenship to the new Italians is a reform that has been discussed, rejected and always postponed due to the opposition of the right. But now the situation is different.
In fact, in his report Brescia wanted to emphasize that in the text “There is no ius soli”, but “a new case oriented to the principle of the ius scholae”. It is a simple text, difficult to manipulate, which aims to put “the fundamental role of the school as a powerful integrating factor “. And who will bring out of thatabsurd limbo the children of immigrants, Italians in fact but not in law.
But this, of course, is still only the first step. In fact, the one presented is the unified text on which the Commission will have to start the comparison with the amendments.
Ius sanguinis and ius soli
Ius sanguinis And ius soli are the two reference models for theacquisition of citizenship from birth. They have always competed for the field and, as we have seen in recent years, the contrast between the right of land and the right of blood often turns into political and ideological clash.
The measure would go to modify the law number 91 of 1992 currently in force which is based on the “Ius sanguinis”according to which, the right to Italian citizenship is obtained only if one of one’s parents or both are in possession of it. Citizenship, therefore, is “hereditary”, linked to descent. The place of birth is irrelevant.
The principle of “ius soli” instead provides that citizenship is acquired due to the fact of being born on the territory of the State, but as we know, it is not provided for by Italian law except in cases of the child of unknown persons, stateless persons or impossibility of transmission of the parents’ citizenship.
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