The month of July was marked by an exceptional wave of landings, with the immigration emergency which has experienced one of the darkest phases in recent years. Just think that nel July just passed have landed in our country 6,760 migrants, against 1,088 in the same period last year. A flow that shows no sign of stopping yet, by the center-left, you are pressing to go back to pushing on one of the workhorses which however has never fully convinced. The reference is to ius soli, the reform project that would like to automatically grant citizenship to those born within our territory. A principle that contrasts with the current ius sanguinis, which instead evaluates having at least one of the two parents of Italian nationality as the key element for the automatic granting of citizenship.
The critical issues related to ius soli
The ius soli appears to present quite a few critical points precisely on that cultural front to which the supporters of the reform have often appealed in their battles: “If the ius soli is introduced – he declared to IlGiornale.it the professor Marco Lombardi, director of the Itstime research center and professor of the Catholic University – it would answer the complexity of today’s society only from an administrative and bureaucratic point of view. But not on the cultural front, which is more complex “. In many other European countries where ius soli has been in force for years, the worst problems relating to integration have been found precisely on the third generation of migrants, that is, those born directly in the old continent and who immediately had citizenship: ” They are people who feel foreign at home – continued Lombardi – and Ius Soli does not solve any problems. Indeed, not feeling fully organic to a national community to which one belongs can generate a response contained, for example, in Islamic radicalism “.
“The cultural problem – Lombardi then reiterated – the ius soli has never solved it, if anything it has amplified it. Many young people in countries such as France or Belgium found themselves almost detached from their context. In Italy then the situation would be even worse. I repeat, the problem is not administrative and bureaucratic, but cultural and ius soli does not intervene on this front “.
To show that ius soli is not currently a real priority for Italy, the data of the last 22 years also think that in fact, with the 91/92 in force, the number of citizens of foreign origin who have acquired the Italian citizenship has assumed an ever higher value. In particular, it went from 12,036 in 1998 to 224,000 in 2017.
Ius soli during the Gentiloni government
Ius soli talked about it and, even a lot, during the government led by Paolo Gentiloni. One of the commitments that the executive had made in that context was precisely that of recognizing the right to citizenship to all those who were born in Italy to non-Italian parents. A pledge repeatedly affirmed by the same former prime minister in different contexts: “We hope to be proud, this is the commitment of the government and my staff– Gentiloni had said to the Elysium on the occasion of the tenth anniversary of the Democratic Party –to be able to say that he added the right to citizenship for those children who attend our school, who live in our neighborhoods and who play in our football teams, but who were born to foreign parents. We are working to pass the law within this term“.
A commitment reiterated in several circumstances but then a fact: the citizenship law was a failure. The approval of the law jumped shortly before Christmas 2017 and a few months before the dissolution of the Houses, that is in June 2018. The ius soli was supported in Parliament by the center-left coalition but the numbers in the Senate for his discussion. On that occasion, many MPs, insisting on the approval of the law, had also asked the government to put the matter trust on the decisive vote. The government in that context decided not to intervene saying that it would have been even more risky for the law itself. The possible rejection in the Senate, according to Gentiloni, would have had the effect of archiving the law for years.
Silence during the yellow-green government
The will of the former Prime Minister Gentiloni to “protect” the Jus Soli law from possible filing did not find a positive response during the subsequent government whose parliamentary majority assumed the colors yellow-. There position Matteo Salvini has always been clear about the former Interior Minister contrary ai ius solii. On several occasions, the leader of the League called it an easy citizenship: “Citizenship is a serious matter and comes to the end of an integration path, it is not a ticket to the Luna Park.” Reason for which during the Conte government I, on the subject we never went back to talking.
The ius soli is “transformed” into ius culture and the left is pressing to approve it
With the possibility of returning to the majority coalition in the Conte II government, the Democratic Party and its left-wing area in particular, have returned to office proposing the ius soli with some small changes starting from the name: ius culturae. The proposal has as its main signatory Laura Boldrini. With the ius culture, compared to the ius soli, the right to citizenship would be acquired not only for the requirement of being born in Italy but also by virtue of the presence of other elements of a cultural nature. The text of the law specifically states that Italian citizenship can be recognized as “who was born in the territory of the Republic to foreign parents, of which at least one has been regularly residing in Italy for at least one year, at the time of the birth of the child“. But then also to”who was born in the territory of the Republic to foreign parents of which at least one was born in Italy“.
Then there is also the text of the parliamentarian Pd Matteo Orfini. The document speaks of a citizenship to be certified when the minor born to foreign parents has completed at least one cycle of Education in our country. Once the texts were presented, lockdown took care of everything. Now, once this phase is closed, the Democratic Party has returned to pressing on the approval of ius culture and overcoming the ius sanguinis, called “retrograde”.
The other unknown of the ius soli
Then there is another aspect, the one related to terrorism: “In Italy we have a law that gives the possibility to expel those who are accused of being in the smell of terrorism – explained Professor Marco Lombardi – In France and Belgium there is no such possibility. Many extremists are French or Belgian in all respects, so expelling them is impossible and investigations have sometimes been conditioned by this situation “. Also on this front, therefore, the experiences of the countries that have already applied the ius soli not have appeared positive.
The difference between the current law and what the left would like
L’current legislation on the granting of citizenship, is governed by the law 91/92 where only in one case is there an exception to the principle of ius sanguinis, that is “if you are born on Italian territory to stateless parents or if the parents are unknown or cannot transmit their citizenship to the child according to the law of the state of origin“. For the rest, the cardinal point of the law remains precisely the reference to blood ties: if at least one parent is Italian then one is born Italian. However, there are also many other elements assessed to obtain citizenship, starting from the age of majority, up to that acquired due to the marriage.
91/92 has for years been the target of a substantial part of the most cultural environments left. The norm is considered “ancient” and “outdated” at best. Then there are those who spoke of “discrimination” and a lack of alignment with the rest ofEurope, where a good part of the legal system has now accepted the ius soli. The latter, unlike the ius sanguinis, does not go to evaluate blood ties but the principle according to which one acquires the citizenship of the country in which one is born.