Parliament Act of 5 February 1992 no 91

New Norms on Italian Nationality

Gazzetta Ufficiale of 15 February 1992 no 38

Date of entry into force:15 August 1992 Updated text as of 24 April 2019

By Lara Olivetti, CC – Attribution-NoDerivatives 4.0 International (CC BY-ND 4.0)

The Chamber of Deputies and the Senate of the Republic approved;

THE PRESIDENT OF THE REPUBLIC

Enacts the following Act of law:

Article 1

1.The following shall be nationals by birth:

(a) children whose father or mother are nationals;

(b) persons born in the territory of the Republic both of whose parents are unknown or stateless, or who do not have the nationality of their parents under the law of the State to which the latter belong.

2. Children found in the territory of the Republic whose parents are unknown shall be deemed nationals by birth in the absence of proof of their possession of any other nationality.

Article 2

1. Recognition or judicial declaration of the filiation of a person, while he or she is still a minor, shall determine the person’s nationality in accordance with the provisions of the present Act.

2. If a person whose filiation is recognized or declared is of full age, he or she shall retain his or her nationality status, but may declare, within one year from such recognition or judicial declaration, or from the declaration that the foreign act or decision has effect, that he or she selects the nationality determined by the filiation.

3. The provisions of this article shall also apply to children the paternity or maternity of whom cannot be declared, provided that their right to maintenance has been judicially recognized.

Article 3

1. A foreign minor adopted by an Italian national shall acquire a nationality.

2. The provision of section 1 shall also apply to persons adopted prior to the date of entry into force of this Act.

3. If revocation of the adoption is caused by the adopted person, he or she shall lose Italian nationality, provided he or she possesses or has re-acquired another nationality.

4. In other cases or revocation, the adopted person shall retain Italian nationality. However, if the adoption is revoked while the adopted person is of full age, he or she may, within one year of such revocation, renounce Italian nationality, provided he or she possesses or has re-acquired another nationality.

Article 4

1. An alien or stateless person whose father or mother, or one of whose direct ascendants in the second degree were nationals by birth shall become a national:

(a) if he or she actually performs military service for the Italian State, having previously expressed the wish to acquire Italian nationality;

(b) if he or she obtains public employment in the service of the State, including service abroad, and declares the wish to obtain Italian nationality;

(c) if, having reached full age, they have had a legal residence for at least two years in the territory of the Republic and declare, within one year of attaining their majority, that they wish to obtain Italian nationality.

2. Aliens born in Italy who have been legally resident in Italy up to the attainment of their majority shall become nationals if, within one year of that date they declare the wish to obtain Italian nationality.

Article 5

The alien or stateless spouse of an Italian national may be granted the Italian nationality if, after the date of the marriage, he or she has been legally resident for at least two years in the territory of the Republic, or for three years from the date of the marriage if residing abroad, provided that, by the moment in which the decree under article 7 section 1 is adopted, the marriage has not been dissolved or annulled or has not ceased to have civil effects and there is no personal separation of the spouses.

The time periods mentioned in section 1 are reduced to half in the presence of children born from or adopted by the spouses. (1)

(1) Article replaced by article 1, section 11 of Parliament Act of 15 July 2009, no. 94.

Article 6

1.The following shall prevent the acquisition of nationality as referred to in article 5:

(a) conviction of one of the offenses referred to in volume two, title I, chapters I, II and III of the Criminal Code;

(b) conviction of an offense not involving criminal intent for which the law provides a statutory penalty of not less than three years of imprisonment with hard labor; or sentencing for a non-political offense to more than one year of imprisonment by a foreign judicial authority, where the conviction is recognized in Italy;

(c) the existence, in the case, concerned, of proven intent prejudicial to the safety of the Republic.

2. Recognition of the foreign judicial decision shall be requested by the public prosecutor of the district in which is situated the civil registry office where the marriage is registered or recorded. This request shall be solely for the purposes referred to in section 1, subsection (b).

3. Rehabilitation of the person concerned shall cause cessation of the preventive effects of the conviction or sentencing.

4. The acquisition of nationality shall be suspended until communication of the final judgment if criminal proceedings are brought for one of the offenses referred to in section 1, subsection (a) and subsection (b), first part, and for such time as recognition of the foreign judgement referred to in section 1, subsection (b), second part, has not taken place.

Article 7

[1. For the purposes of article 5, nationality shall be acquired by virtue of a decree by the Minister for the Interior upon application by the person concerned made to the mayor of the commune in which he or she resides or to the competent consular authority. ] (1)

2. The provisions of article 3 of Act no. 13 of 12 January 1991 shall apply.

(1) Section repealed by article 8 of President of the Republic decree of 18 April 1994, no. 362, within the limits of the parts modified by the same decree.

Article 8

1.The Minister for the Interior may, by a justified decree, reject an application as referred to in article 7 in presence of any of the grounds referred to in article 6 for denying acquisition of nationality. Where the grounds relate to the safety of the Republic, the decree shall be issued if approved by the Council of State. The application, if rejected, may be resubmitted five years after the adoption of the decree.

2. Section canceled by Public Safety Decree of October 4th, 2018 no. 113

Article 9

1. Italian nationality may be conferred by decree of the President of the Republic upon the recommendation of the Minister for the Interior, following consultation of the Council of State, to:

(a) aliens whose father or mother or one of whose direct predecessor in family in the second degree have been nationals by birth, or who were born in the territory of the Republic and who, in both these cases, have been legally resident in the territory for at least three years, subject to the provisions of article 4, section 1, subsection (c);

(b) aliens of full age who have been adopted by an Italian national and who have been legally resident in the territory of the Republic for at least five years after their adoption;

(c) aliens who, for at least five years, have been in the service of the State, including service abroad;

(d) nationals of a State member of the European Community who have been legally resident for at least four years in the territory of the Republic;

(e) stateless persons who have been legally resident for at least five years in the territory of the Republic;

(f) aliens who have been legally resident for at least ten years in the territory of the Republic.

2. By a decree of the President of the Republic adopted following consultation of the Council of State and prior deliberation of the Council of Ministers, upon recommendation of the Minister for the Interior and in agreement with the Minister for Foreign Affairs, nationality may be conferred to an alien who has rendered eminent services to Italy, or where its granting is in the special interest of the State.

Article 9.1

1. The granting of Italian citizenship pursuant to Articles 5 and 9 is subject to the possession, by the interested party, of adequate knowledge of the Italian language, not lower than the B1 level of the Common European Framework of Reference for Languages ​​(CEFR). For this purpose, the applicants who have not signed the integration agreement referred to in Article 4-bis of the Aliens Act – Legislative Decree of 25 July 1998, No. 286, or who do not hold an EU residence permit for long-term residents pursuant to Article 9 of the same Aliens Act, are required, at the time of submitting the application, to prove by a certificate that they have obtained a qualification issued by a public Italian educational institution or a private educational institution recognized by the Ministry of Education, University and Research and the Ministry of Foreign Affairs and International Cooperation or the Ministry of Education, University and Research, or to submit appropriate certification issued by a certifying body recognized by the Ministry of Education, University and Research and the Ministry of Foreign Affairs and International Cooperation or by the Ministry of Education, University and Research;” (1)

(1) Article introduced by article 14, section 1 (a) of Public Safety Decree of October 4th, 2018 no. 113,  in force from December 4th, 2018.

Article 9-bis

1. For the election, acquisition, re-acquisition, renunciation or conferral of nationality, the application or statement of the interested person shall be in any case accompanied with certificates demonstrating possession of the requirements set by the law.

2. The applications or statements for the election, acquisition, re-acquisition, renunciation or conferral of nationality are subject to the payment of a contribution of the amount of 250 euros. (2)

3. The revenue deriving from the contribution described in section 2 is remitted to the State budget and accredited to the financial budget plan of the Ministry of the Interior for its assignment, in half, to financing projects of the Department of Civil Liberties and Immigration aimed at international cooperation and cooperation and assistance to Third Countries in matter of immigration, also through the participation in programs financed by the European Union and, in half, to covering duties relating to investigations in procedures of competence of the same Department in matter of migration, asylum and nationality. (3)

(2) Amount updated by article 14, section 1 (b) of Public Safety Decree of October 4th, 2018 no. 113

(3) Article replaced by article 1, section 11 of Parliament Act of 15 July 2009, no. 94.

Article 9-ter (4)

The maximum handling time for applications according to articles 5 and 9 is forty-eight months from the date in which the application is submitted.

(4) Article introduced by article 14, section 1 (c) of Public Safety Decree of October 4th, 2018 no. 113

Article 10

A decree conferring nationality shall not have effect unless, within six months of notification of the decree, the person concerned has sworn to be faithful to the Republic and to observe the Constitution and the laws of the State.

Article 10-bis (5)

1. Italian citizenship acquired according to articles 4, paragraphs 2, 5 and 9, is revoked in the event of final conviction for the crimes under article 407, paragraph 2, letter a), n. 4) of the Italian Code of Criminal Procedure, as well as for the crimes under articles 270-ter and 270-quinquies.2 of the same code. The revocation of citizenship is adopted within three years of transition to judge of the sentence for the crimes referred to in the first period, by decree of the President of the Republic, on the proposal of Interior Minister.”.

2. The provisions of paragraph 1, letter c) apply to the citizenship applications in progress at the date of entry into force of this decree.

(5) Article introduced by article 14, section 1 (d) of Public Safety Decree of October 4th, 2018 no. 113

Article 11

A national who has acquired or re-acquired the nationality of another country shall retain Italian nationality, but may renounce the latter if he or she resides or establishes residence abroad.

Article 12

1. An Italian national shall lose Italian nationality if, having accepted public employment or office from a foreign State or public agency or from an international agency in which Italy is not a participant, or if, while performing military service for a foreign State, he or she fails to comply with the specified period, with any order communicated to him by the Italian Government to give up the employment, office or military service.

2. An Italian national who, during a state of war with a foreign State, has accepted or has not abandoned public employment or office, or has performed military service for such State where these are not obligatory, or who has voluntarily acquired the nationality of such State, shall lose Italian nationality upon cessation of the state of war.

Article 13

1. A person who has lost Italian nationality shall re-acquire it:

(a) if he or she effectively completes military service for the Italian State and has previously declared the wish to re-acquire nationality;

(b) if he or she enters or has entered public employment in an agency of the State, even abroad, and declares the wish to re-acquire nationality;

(c) if he or she declares the wish to re-acquire nationality and has established or will establish residence in the territory of the Republic within one year of such declaration;

(d) one year after the date on which he or she established residence in the territory of the Republic, provided nationality has not been expressly renounced during that period;

(e) if, having lost nationality for not having complied with the instruction to give up employment or an office accepted from a foreign State or public agency or from an international agency, or military service for a foreign State, he or she declares the wish to re-acquire it, provided he or she has established residence for at least two years in the territory of the Republic and furnishes proof of having given up the employment or office taken up or the military service performed notwithstanding the instruction referred to in article 12, section 1.

2. nationality may not be re-acquired by a person who lost it under the provisions of article 3, section 3, or of article 12, section 2.

3. In the cases referred to in section 1, subsections (c), (d) and (e), the re-acquisition of nationality shall not take effect if it has been prohibited by an Order made by the Minister for the Interior on serious and proven grounds, with the approval of the Council of State. Such prohibition may take place within one year of determination of the circumstances specified.

Article 14

The co-habiting minor children of a person who acquires or re-acquires Italian nationality shall acquire Italian nationality, although they may renounce it once they have attained their majority if they have the nationality of another country.

Article 15

The acquisition or re-acquisition of nationality shall take effect, except as provided in article 13, section 3, on the day following that on which the requirements are fulfilled and the required formalities have been completed.

Article 16

1. A stateless person who is legally resident in the territory of the Republic is subject to Italian law as far as the exercise of civil rights and the obligation to perform military service are concerned.

2. An alien who is recognized as a refugee by the Italian State in accordance with Italian law and international treaties is regarded as a stateless person for the purposes of the Present Act, save with respect to military service obligations.

Article 17

1. A person who has lost Italian nationality under articles 8 and 12 of Act no. 555 of 13 June 1912, or for not having made the choice provided for in article 5 of Act no. 123 of 21 April 1983, shall re-acquire it if he or she makes a declaration to that effect within two years of the date of entry into force of the present Act. (6)

The provisions of article 219 of Act. no. 151 of 19 May 1975 shall continue to apply.

(6) Deadline extended by article 1 of Parliament Act of 22 December 1994 no. 736 and subsequently to 31 December 1997 by article 2, section 295 of Parliament Act 1996 no. 662.

Article 17bis (7)

1. The right to Italian nationality is recognized:

a) to individuals who were Italian nationals, formerly residing in the territories belonging to the Italian State and subsequently surrendered to the Yugoslav Republic according to the Paris Peace Treaty of February 10, 1947, enforced by Provisional Head of State decree of November 28, 1947 no. 1430, ratified by Act of Parliament of November 25, 1952 no 3054, as well as according to the Treaty of Osimo of November 10, 1975, enforced by Act of Parliament of March 14, 1977 no. 73, following the conditions and in possession of the prerequisites set for the right of option after Article 19 of the Paris Peace Treaty and Article 3 of the Treaty of Osimo;

b) to the individuals of Italian language and culture who are children or descendants in the straight line of the subjects mentioned at subsection a).

(7) Article added by article 1 of Parliament Act of 8 March 2006 n. 214.

Article 17ter (8)

1. The right to Italian nationality recognition under Article 17-bis is exercised by interested parties by introducing an application to the municipal authority competent for the area of residence or, rather, when competent, to the Consular authority, by previously producing adequate documents, following the Ministry of the Interior circular, issued upon agreement with the Ministry of Foreign Affairs.

2. To the aim of providing evidence of the prerequisites under subsection a) of Article 17-bis section 1, official documentation must be attached to the application concerning the former possession of the Italian nationality and the residence in the territories belonged to the Italian State and subsequently surrendered to the Yugoslav Republic according to the Treaties mentioned under the same Article 17-bis section 1.

3. To the aim of providing evidence of the prerequisites under subsection b) of Article 17-bis section 1, the following documentation must be attached to the application in any case:

a) birth certificates proving the direct relationship of descent between the applicant and the parent or ancestor;

b) historic certificates, foreseen for the exercise of the right of option under letter a) of Article 17-bis section 1, providing evidence of the Italian nationality of the applicant’s parent or ancestor in straight line and the residence thereof in the territories belonged to the Italian State and subsequently surrendered to the Yugoslav Republic according to the Treaties mentioned under the same Article 17-bis section 1;

c) documents showing the prerequisite of Italian language and culture of the applicant.

(8) Article added by article 1 of Parliament Act of 8 March 2006 n. 214.

[Article 18

Persons formerly resident in the territories which belonged to the Austro-Hungarian monarchy and who emigrated abroad prior to 16 July 1920 and their descendants in direct line, shall be treated, for the purposes of article 9, section 1, subsection (a) as aliens of Italian origin or born in the territory of the Republic.] (9)

(9) Article repealed by Article 1 of Parliament Act of 14 December 2000 no. 379.

Article 19

The present Act shall not affect the provisions of Act no. 27 of 9 January 1956 on the recording in civil status registry offices of declarations of formal options for Italian nationality, made in accordance with article 19 of the Treaty of Peace between the Allied and Associated Powers and Italy, signed at Paris on 10 February 1947.

Article 20

Except where otherwise expressly provided, nationality acquired prior to the present Act shall not be modified, save by events subsequent to the date of entry into force of the Act.

Article 21

For the purposes and in accordance with the provisions of article 9, Italian nationality may be granted to an alien affiliated by an Italian national prior to the date of entry into force of Act. no 184 of 4 May 1983 who has been legally resident in the territory of the Republic for at least seven years since the adoption.

Article 22

Military service obligations shall cease for any person who, on the date of entry into force of the present Act, has already lost Italian nationality in accordance with article 8 of Act no 555 of 13 June 1912.

Article 23

1. Declarations made for the purpose of acquiring, retaining or re-acquiring nationality and for the purpose of renouncing it, and the oaths provided for in the present Act, shall be made or sworn before the civil registrar of the municipality where the person making such declaration or swearing such oath resides or intends to establish residence, or, in the case of residence abroad, before the diplomatic or consular authority of the place of residence.

2. The declarations referred to in section 1 and the acts or procedures relating to the loss, retention or re-acquisition of Italian nationality shall be recorded in the registers of nationality and an annotation concerning them shall be made in the margin of the birth certificate.

[Article 24 (10)

1. An Italian national who acquires, re-acquires or opts for nationality of a foreign country must, within three months of such acquisition, re-acquisition or option or of his or her attainment of majority, if later, give notice thereof by a declaration made to the civil registrar of the place of residence, or, if he or she resides abroad, to the competent consular authority.

2. The declarations referred to in section 1 shall be governed by the same rules as the declarations referred to in article 23.

3. Any person who does not fulfill the obligations laid down in section 1 shall be subject to an administrative fine of from 200,000 lire to 2 million lire. Prefects shall have the competence to impose such administrative fines.]

(1) Article repealed by article 110 of President of the republic decree of 3 November 2000 no 396, since 30 March 2001.

Article 25

The necessary arrangements for the implementation of the present Act shall, within one year of its entry into force, be promulgated by an Order of the President of the Republic, following consultation of the Council of State and consideration by the Council of Ministers, upon the recommendation of the Minister for Foreign Affairs and the Minister for the Interior, in agreement with the Minister of Mercy and Justice.

Article 26

1.Act Nr. 555 of 13 June 1912, Act Nr. 108 of 31 January 1926, Royal Law-Decree no 1997 of 1 December 1934 as amended by Act no 517 of 4 April 1935, article 143-ter of the Civil Code, Act no 123 of 21 April 1983, article 39 of Act no 184 of 4 May 1983, Act no 180 of 15 May 1986, and all other laws and regulations incompatible with the present Act are hereby repealed.

2. The obligation to exercise an option referred to in article 5, section 2 of Act no 123 of 21 April 1983 and in article 1, section 1, of Act no 180 of 15 May 1986 is hereby abolished.

3. Differing provisions of international treaties shall not be affected by the present Act.

Article 27

The present Act shall enter into force six months after its publication in the Gazzetta Ufficiale.

The present Act, to which shall be affixed the seal of the State, shall be printed in the Official Collection of the Laws and Regulations of the Italian Republic. It shall be the duty of all concerned to comply and ensure compliance with it as constituting an enactment of the State.

Given in Rome, on 5 February 1992

COSSIGA

ANDREOTTI, President of the Council of Ministers

DE MICHELIS, Minister of Foreign Affairs

Passed, the Minister of Justice: MARTELLI

English translation by Lara Olivetti

CC – Attribution-NoDerivatives 4.0 International (CC BY-ND 4.0)

Lara Olivetti, 2019, Parliament Act of 5 February 1992 no 91, New Norms on Italian Nationality from Gazzetta Ufficiale of 15 February 1992 no 38, https://www.italiancitizenshipinstitute.org/