Revocation of Italian citizenship: in which cases is it possible?

Italian citizenship is a fundamental legal status from which specific rights and duties derive, including the possibility of applying for an Italian passport. Its revocation, however, cannot be ordered at will, but only in the cases expressly provided for by law. It is, in fact, an exceptional measure, applicable where certain conditions are met and in compliance with a procedure established by law.

In particular, Article 10-bis of Law No. 91 of 1992 governs the possibility of revoking Italian citizenship from persons convicted of specific, particularly serious offences connected with terrorism and State security. The provision does not lay down a general rule applicable to all citizens, but concerns clearly identified categories and circumstances exhaustively set out by the legal system.

In which cases can Italian citizenship be revoked?

The revocation provided for by law concerns certain persons who acquired Italian citizenship through specific procedures, including naturalization and marriage. By contrast, under the provision in question, the rules do not apply to those who are Italian citizens from birth by descent, according to the principle of iure sanguinis.

An essential element is the nature of the offences committed. Revocation may be considered when there is a final conviction for the offences identified by the law, connected with terrorist acts or other conduct that seriously undermines national security. A mere accusation or pending criminal proceedings are therefore not sufficient: the specific conditions required by law must be met.

It should also be noted that the measure cannot result in statelessness. The person concerned must in fact hold another citizenship or be able to acquire one. This condition is a fundamental requirement for revocation to apply.

How is revocation of citizenship ordered?

Revocation does not occur automatically following a criminal conviction, but requires a formal measure adopted in accordance with the procedure laid down by law. Once the necessary conditions have been established, revocation is ordered by decree of the President of the Republic, on the proposal of the Minister of the Interior.

The time limit within which the measure may be adopted is also decisive: the law provides that revocation must take place within ten years from the date on which the conviction becomes final. Compliance with this deadline, together with verification of the other requirements, defines the scope of application of the provision.

The extraordinary nature of the measure therefore requires a careful examination of the individual situation. The conviction must concern one of the offences listed in the law, and all the conditions for adopting the measure must be met.

What is the difference between revocation and loss of citizenship?

Although they are sometimes used as synonyms, the concepts of revocation and loss of Italian citizenship refer to different legal situations.

Revocation under Article 10-bis is a measure linked to specific criminal convictions and concerns certain categories of citizens who acquired citizenship in the ways provided for by law. Loss of citizenship, on the other hand, may also occur in other circumstances that do not necessarily depend on the commission of an offence.

One example is voluntary renunciation of citizenship, which is possible when the requirements established by the legal system are met. The law also provides for certain cases connected with service rendered to a foreign State, including military service, or with the acceptance of certain public offices under a foreign government. In these situations, loss of citizenship depends on the specific conditions laid down by law and does not occur automatically merely because a person has ties with another State.

Correctly distinguishing between these situations is important in order to understand the consequences that may arise from one’s personal situation and which rules apply.

Your Way to Italy: our assistance

Our team is available to provide support and assistance regarding Italian citizenship and immigration law! Contact us to schedule your first consultation! #Yourwaytoitaly

The content of this article is intended to provide general information on the topic. For doubts or specific cases, it is advisable to seek specialized legal advice tailored to your particular situation.

Article written by Alessia Ajelli, Managing Associate of LCA Studio Legale, Italian lawyer specialized on Italian immigration and citizenship law, and Paolo Grassi, Trainee of LCA Studio Legale.