I.T.T.O.N.A. Convention 2010
Lara Olivetti, attorney at law
e-mail: [email protected]
Association Trentini nel Mondo
Trento, via Malfatti 21 – 38122
tel. +39 0461 234379 fax 230840
check our Italian Nationality website at
http://www.trentininelmondo.it/cittadinanza
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DUAL NATIONALITY FOR TRENTINO PEOPLE OVERSEAS
Content:
0. Dual/Multiple nationality
1: Italian nationality acquisition by ancestry
1.1: Interruptions in the chain of nationality transmission
1.2: Exceptions to the jus sanguinis principle: redress programs.
1.3: Italian citizenship for emigrants from Trentino and other areas
that belonged to the Austro-Hungarian Empire
2: The main nationality re-acquisition scheme
3: Facilitated naturalisation: the last resort
4: Nationality acquisition by marriage to an Italian national
5: Italian nationals right to vote for the National Parliament
0. Dual/Multiple nationality
The experience of the Association Trentini nel Mondo over decades allows us to
understand what lies at the basis of the whole discourse of dual nationality for Trentino
and Italian emigrants.
The Italian people has a particular history of mobility: in larger figures than any other
population in Europe, Italians massively moved overseas from the national territory since
the very origin of the State in 1861 and before.
Soon Trentino people and Italians in the world amounted to a large part of the people
of Italy itself. With their remittances, ideas and work, emigrants contributed to make Italy
what it is nowadays. Today, information on events in Italy and exchange are worldwide
available. More than never before, actual ties can easily be kept with the Italian population
within the territory of Italy and outside of it. Italians abroad can actively contribute to
making Italy a better country.
However, until very recently – 1988 - no registry was kept of emigrated Trentino
people and of Italians. The Italian law would simply forget emigrants and erase their data
from the registry of residents and eventually from that of Italian citizens, as soon as they
became nationals of the new countries of residence. Basically, the memory of the origin
and presence of these people, our ancestors, would stay only within our families.
Since their inception in the fifties', the founders of Trentini nel Mondo put the rights of
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Trentino emigrants on the top of their agenda. They worked hard for changing a situation
in which emigrants leaving Trentino and Italy would be canceled from any official
population record and lose any right to return. The question of recovering Italian nationality
arose.
Bruno Fronza, founder of Trentini nel Mondo and most active member in the field of
recovering Italian nationality:
The loss of the nationality of origin as a cònsequence of naturalization in the
receiving country represents for emigrants a breach in their ties with Italy and the
community of origin, with which they had no more citizenship rights in common
Starting from that position, a long series of meetings and discussions followed since the
years fifties, both in Rome at the national Parliament and Government, as well as abroad
at Consulates and with Trentino and Italian communities abroad.
The discussions and round tables promoted by Trentini nel Mondo greatly contributed to
the advancement of a concept of citizenship which included emigrants living abroad.
Particularly in the eighties in Trento, the debate on reforming nationality law took its form.
The Association gathered Trento
 associations of Italian emigrants from most regions of Italy,
 politicians,
 members of the national and local Parliament and
 government officers
They gave life to a debate in which social, political, economic and human reasons found
expression in order to reform the law of Italian nationality.
Eventually, people and institutions understood that the efforts of thousends and millions of
emigrants had to be recognised and their memory become a national heritage. The
principle of respecting their Italian identity, beside the nationality they had acquired in the
country of emigration became law.
The Reform of Italian nationality law was enacted in 1992: since then, Italians acquiring
the nationality of the country of residence keep that of the country of origin.
As past President Ferruccio Pisoni put it, the whole Reform of Italian Nationality actually
found its origin in Trento.
It was the expression of a new
“widespread awareness of the fact that a plurality of nationalities is a favoring
factor of emigrants integration in the receiving state, often essential for the exercise
of work activities, while keeping ties with the country of origin and enjoying its
protection”
Prof. Giovanni Kojanec (2003)
A further step had to be taken for Trentino people in the world. The majority of emigrants
had left before it became part of Italy after World War I in 1920. Their right to Italian
nationality was actually recognised in the 1992 Reform, but it was considerably limited:
The law provided a right (for emigrated Trentino and other former Austro-Hungarians) to
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transfer their residence in Italy and to apply for Italian nationality after years of residence
as foreigners.
For this reason, the Association devoted energies and resources in sensitizing institutions
and politicians on the need to extend Italian nationaity to the Trentino community, in large
part emigrated before 1920.
In 1990 Rino Zadonai joined from Belgium the cause of association Trentini nel Mondo.
His help in advocacy efforts with the national government led to the adoption of a new
nationality plan for Trentino emigrants (and former Austro-Hungarian citizens) in order to
recognise their right to Italian nationality from the country in which they reside.
Nationality Act of 14 December 2000 nr 379. We'll be going back to this topic in a little
while.
Manager Rino Zandonai worked hard for twenty years with Trentini nel Mondo and let us
see the deep meaning of human dignity of people in emigration. His example deeply
influenced our work and personal life, making pragmatism prevail on ideologies, always
looking for a way to cooperate with others and with institutions for the achievement of
higher values. For all what he left us, we will always be immensely gratetful.
1. Italian nationality acquisition by ancestry
We basically are Italians for having been born from an Italian national.
We may be born anywhere on earth, from married or unmarried parents, what matters is a
family link in a straight line
Nationality Act of of 5 February 1992 nr. 91
Main principle: no difference whether we are born from an the Italian parent is the father or
the mother
However, the law only only operates prospectively. Hence, a difference in treatment
may apply to people born before 1992 to Italian mothers.
The previous law actually discouraged the transmission of Italian nationality by women.
According to the traditional Roman law principle, the father's nationality prevailed on that
of the mother's and ensured a single nationality status for the whole family. That would
preserve the family unity, a common interest within the family and protection by the law
An Italian woman would automatically lose her nationality upon marrying a foreign
national, if she acquired that of her spouse's state. As a consequence, their children born
within wedlock would be foreigners.
Article 10, section 3, of 1912 Nationality Act set the principles regulating the
status of Italian women married to a foreigner by providing that they would lose
the Italian nationality, if they acquired her husband's nationality (jure
communicatio), according to the husband's national law.
We may notice that marriage had dramatic effects on women's status, they would
become subject to the power of their husbands and also normally would automatically lose
their Italian nationality from the date of their marriage. In this framework, we may conclude
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that unmarried grannies might have a hard life at their times, but they kept their national
status and passed it to their children.
(Former Italian women could reacquire the Italian nationality in case of marriage
dissolution, if they resided in Italy or moved their residence back to Italy and
declared their will to return Italian nationals. In any case, they reacquired the
Italian nationality automatically, after two years of residence in Italy.
Constitutional Court decision of 16 April 1975 nr. 87 stated the
inconstitutionality of Article 10, section 3 of 1912 Nationality Act, being
it in contrast with Articles 3 and 29: the protection of family unity is
also a result of the equal treatment of husband and wife. As a
consequence, this provision ceased to have effect from the day after
the publication of the Court's decision, in GU n. 108 of 23 April 1975
(Article 136, section 1 of the Italian Constitution)
“Constitution of the Italian Republic: January 1st, 1948, art.3: “All citizens have equal
social dignity and are equal before the law, without distinction of sex, race, language,
religion, political opinion, personal and social conditions.”
In May 1975, the Parliament enacted a comprehensive reform of family law, including the
provision of the right of Italian women to keep their nationality, unless they willfully forfeited
it after acquiring that of another state by marriage or by following their spouse's acquisition
of another nationality (Family Act of 19 May 1975 nr. 151, Article 25). The act included a
norm providing the right to reacquire the Italian nationality for women who had lost it for
marrying a foreigner.
Article 219: The woman who lost the Italian nationality prior to the entry into force of this act of law, as an
effect of her marriage with a foreign national or after a change in nationality of her husband, shall
reacquire it by means of a formal statement before the competent authority, according to Article 36 of the
Civil Code implementation regulation. Every norm of Law Act 13 June 1912 nr. 555 is annulled, when in
contrast with the provisions of the present act of law.
The parliamentary act entered into force on 20 September 1975 and it still is. Since
1975, women in the said situation are admitted anytime to declare their will and acquire
the Italian nationality. The descendants of these women may also be recognized Italian
nationals.
1975 Family Act also introduced in the Civil Code the principle under which a
marrying woman retains the Italian nationality, unless she explicitly forfeits it, even if she
acquires a foreign nationality as an effect of marriage or her husband's change of
nationality (Article 143 ter of the Italian Civil Code).
The highest courts soon affirmed the principle of retroactivity of Italian women's
declarations of nationality, since the introduction of the equality principle by the
Constitution in 1948. That would enable their children born after 1948 to report to Italian
Consulates and register themselves as Italians since their date of birth. Reference is made
to Corte di Cassazione – Joint Civil Division sentence of 27 November, 1998 nr. 12061,
Council of State Advisory Opinion of 15 January 1983 nr. 105 and Ministry of the Interior
circular nr. K 60.1/5 of 8 February, 2001. The Ministry of the Interior recognized the
uninterrupted Italian nationality to women who had married foreign citizens after 1948:
“compatriot women, married to foreign citizens after 1 January 1948, did not automatically incur the loss of
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Italian nationality. Similarly, former Italian women, whose spouse lost the Italian nationality after 1 January
1948, did not lose their nationality automatically”.
The Ministry recognized the juridical consequences of the uninterrupted nationality status
of women for their descendants. They are admitted to be recognized Italian nationals, also
in case their mother did not present a formal statement for this purpose.
The Constitutional Court outlawed the 1912 principle The Parliament intervened in
the same year 1983, by approving Act of April 21st, 1983 nr. 123. Since its entry into force
on 27th April 1983, children born abroad from an Italian parent are to be regarded as
Italian nationals both from the mother and the father side.
Article 5 section 1 of Parliament Act of April 21st, 1983 nr. 123, in GU 26 April, 1983 nr. 112:
“The minor age child of an Italian father or mother, also adoptive, shall be an Italian national.”
We have also mentioned that all descendants of Italian women born after 1 January 1948
are Italian nationals themselves. But what about the children of Italian women born
before 1948?
It is in recent case law that the Supreme Court recognized pre-1948 descendants of
Italian women a right to be registered as Italian nationals since their birth. The Supreme
Court I Civil Section affirmed in more decisions that the 1948 limit did not apply to
situations originated before that date which displayed their effects afterwards. This was the
case of foreigners being born before 1948 from former Italian mothers who resulted
deprived of the Italian nationality even after that date as a result of the dominant
interpretation of the effects of Constitutional Courts decisions on the subject (Corte di
Cassazione, I CD, decisions of 10 July 1996 nr. 6297, of 18 November 1996 nr. 10086, 22
November 2000 nr. 15062, 4 February 2008 nr. 2563).
On the other hand, the same Court in Joint Divisions repeated in 2004 that an
unconstitutionality judgement could only be referred to the time period in which the
violation of the constitutional principle occurs, thus after the principle was introduced with
the Constitution entry into force in 1948 (Corte di Cassazione, JCD, decision of 19
February 2004 nr. 3331). Decisions alternated and caused more doubts as to the posiiton
of descendants, whose applications for Italian nationality were refused by Italian
authorities.
It was not until 2009 that the Supreme Court in Joint Divisions changed its view and stated
that jus sanguinis, by consisting in a permanent status, could not be recognized only for a
certain part of a person's life (Corte di Cassazione JCD, decision of 25 February 2009 nr.
4466). Although this position has been confirmed in later decisions (among which, decision
of 28 July 2009, nr. 17548), the Ministry of Home Affairs still refuses applications by
descendants born before 1948 and Italian Consulates act accordingly.
When we consider to acquire a second nationality, we should first bear in mind that
we probably are a dual national already. Our second nationality needs just to be activated
by means of a registration before the Italian authority.
That is because we were born with Italian nationality, an intrinsic quality of the individual
which the Italian law derives from ancestry after the Roman law tradition. We call Italian
nationality a status of the person and its transmission jus sanguinis.
The Italian States keeps a register of Italian nationals and updates them with the data of
nationals' children, who are thus nationals themselves.
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Since many Italian emigrants forgot to register the birth of their children, registrations
often miss for generations. Recognizing Italian nationality by ancestry is a process that
consists mainly in making the missing registrations for all decsendants in the straight line.
One important limit operated to the principle of nationality transmission along a
straight line of descent: loss of nationality. The law used to connect loss of Italian
nationality to the acquisition of a the nationality of a different state, mainly on a voluntary
basis.
The loss of Italian nationality causes a discontinuance in nationality transmission
over generations: it cuts breaches in the family tree of Italian nationality. Such a lapse
leaves a deep spur in an Italian emigrant's past, undeleted by the subsequent introduction
of opposite principles of dual nationality toleration by 1992 Nationality Act.
1.1 Interruptions in the chain of nationality transmission
The loss of nationality before the birth of one's descendants prevented the
transmission of Italian nationality jure sanguinis. As a consequence, the descendants of
naturalized emigrants could not be recognized Italian nationals, unlike the children of nonnaturalized Italian parents abroad.
Moreover, naturalization extended to one's minor age children, according to the
applicable law in the state of residence (like in Canada). In that case, the pre-1992 regime
provided an automatic loss of nationality for children.
The right to be Italian nationals on an extra-territorial basis became object of a mass
claim already during the legislative process of 1992 Nationality Act. Differences in allowing
emigrants to stay Italian was seen as an undermining factor to the relationship of millions
of citizens emigrated abroad with the county of origin. Cutting the national link because of
residing abroad was perceived as a injustice. Emigrants claims did not bring to long
debates, as they were broadly felt in Italy: every family has relatives emigrated abroad.
Since its inception, 1992 Nationality Act contained a special nationality reacquistion scheme.
This program, introduced by Article 17 of 1992 Nationality Act, lasted five years. It
had the effect of allowing former emigrants and their descendants who lost the Italian
nationality as a consequence of their parent’s foreign naturalization to be regarded part of
the Italian people again, although only for the future, with no past effect.
A lack of an information campaign for Italian nationality reacquistion left many people
out of the program. As a consequence, a watershed ridge divided emigrants who
naturalized before 1992 and after: only the latter were admitted to keep the Italian
nationality.
Proposals of amending the law in force are aimed at introducing a permanent reacquisition regime which prescinds from the place of residence of the former national and
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establishes an open relationship between the Italian State and its conspicuous community
residing outside the state territory. They are based on considerations of equal treatment
between Italian emigrants and of full recognition of Italians as dual/multiple nationals
residing abroad.
For the same equity reasons, proponents suggest to extend nationality to the
descendants of naturalized Italian emigrants abroad, putting on an equal footing with the
descendants of emigrants who never naturalized and could transmit their nationality jure
sanguinis.
These instances, mainly advcated by some Parliament representatives elected by
the Italians in the world (namely, Brasil and Europe) have been rejected by the majority as
yet, although the current legislative process is still underway (amending 1992 Nationality
Act), also due to little support given by Italians residing abroad.
Consequences of naturalization for minore age children (Article 12 section 2 of 1912
Nationality Act):
Before the 1992 Reform of Italian nationality law, the acquisition of a new nationality by the
parent usually extended to the minor children (e.g. Canada) and, in principle, they lost the
Italian nationality themselves.
Exceptions apply
A . for children born between 24 April 1965 and 15 May 1967.
B. for opters until the second generation who
“- have performed the Italian military service and have previously
declared their will to become Italian Nationals;
- have been employed as civil servants for the Italian state and
declared their will to become Italian nationals;
- having reached full age, they have had legal residence for at least
two years in the Italian territory and declare, within one year of
attaining their majority, that they wish to obtain Italian nationality (Article
4, section 1 of 1992 Nationality Act)
1.2. Exceptions to the jus sanguinis principle: redress programs.
These are set by special provisions and encompass
A. Former Italian citizens from territories annexed to Yugoslavia at the end of
the world war II (peace Treaty of Paris, 1947)
B. People who emigrated from The Austro-Hungarian Empire before its
end in 1920 – provisional program 19 December 2000 – 20 December 2010
Trenitno people who emigrated between 1878 and 1920 form the most part of
this group
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C. Jewish Italians divested of Italian nationality in 1938
and naturalised foreigners
"the urgent and positive need to restore the previous rights of Italian nationals
of Jewish race and immediately redress the heavy inequalities of moral and
political nature created by an ill-founded political course aimed at defending
race” (Royal Law decree of 20 January 1944, n. 25)
This provision is still effective nowadays and extend to all former Jewish
Italian who left Italy and spread all over the world, possibly ignoring this law,
which has retrospective effects since the date of their birth or former Italian
nationality acquisition.
D. former Italian citizens from colonies (Libya)
1.3 Italian citizenship for emigrants from Trentino and other areas that belonged to
the Austro-Hungarian Empire
The descendants of emigrants originating from the territories which belonged to the
Austro-Hungarian Empire, may since December 2000 obtain the Italian nationality by
making a formal statement of election not later than December 20th, 2010.
In fact, Parliament Act nr. 379 of December 14th, 2000, has established a special scheme
for opting for Italian nationality.
It is necessary to submit a declaration of election of Italian nationality to the Italian
authorities at the place where the person resides. In Italy, the competent authority is the
mayor (Municipality). Abroad, it is the Italian Consular authorities of the place of residence
are responsible (Article 1, paragraph 2 Law nr. 379/2000, art. 23 of Law nr. 91/1992). To
make a statement you can use this text.
Together with the option statement, it is necessary to file in the documents proving
that you have the requirements provided the law. A circular from the Ministry of the Interior
K78 of December 24th, 2001 – provides for a special procedure.
The recognition of citizenship takes effect from the day following that on which statement
was submitted (Article 15 of Citizenship Act nr. 91/1992).
Law 379/2000 has recognized the right to present declarations for citizenship to those who
emigrated before 1920 from the Trentino and other territories annexed by Italy. In view of
the expiration date of 20 December 2010, an interrogation has been presented to the
Italian Government regarding processing proceedings in progress. The question has been
posed on July 29, 2009 in the House of Commons/Representatives by Hon. MPs/Reps.
Porta, Froner, Narducci, Bucchino, Farina, Fedi, De Torre e Garavini.
The Internal Ministry has responded on March 17, 2010. It declared having added
personnel authorized to handle proceedings of recognition of Italian citizenship within the
framework of Law 379/2000 (emigrants from Trentino and other provinces annexed by Italy
and Yugoslavia in 1920). It has established by decree, in addition, it has been decreed that
when authorities receiving the documents express a favorable opinion regarding their
completeness and compliance with the Law, no impediment for recognizing citizenship
should be issued directly by the Central Director for Civil Rights, therefore without any
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preventative passage in the Commission.
Of the 43,700 applications received until now by the Internal Ministry, only 14,750 have
been completed. Waiting times still remain long.
2. The main nationality re-acquisition scheme is provided by Article 13 of 1992
Nationality Act) and provides four different and alternative processes:
1. declaring one's wish to re-acquire nationality and performing military service
for the Italian State previously
2. entering public employment in an agency of the Italian State, also abroad,
and declaring one's wish to re-acquire nationality
3. declaring the wish to re-acquire nationality and having established or
establishing residence in the territory of the Republic within one year of such
declaration (so-called immediate re-acquisition)
4. establishing residence in the territory of the Republic for one year, provided
nationality has not been expressly renounced during that period (so-called
automatic re-acquisition)
3. Facilitated naturalisation: the last resort
The long path to Italian naturalization proves abridged for foreigners of Italian
descent. Nationality may be conferred after three years of residence, which represents the
shortest of all, if compared with the required four years for European Union nationals, five
for stateless persons, refugees or adopted adult foreigners, five years of employment of
foreigners in service for the Italian State (also abroad) or ten years for nationals of other
countries (Article 9 of 1992 Nationality Act).
Still, naturalization represents nowadays the last resort for acquiring the Italian
nationality and proves of very limited application, due to the lack of pulling factors
attracting the descendants of former Italians to move to Italy and the uncertain result of
this procedure.126
Of the various modes of nationality acquisition for foreigners of Italian origin,
facilitated naturalization results the main passage for the descendants of emigrants who
lost the Italian nationality for naturalizing in the receiving countries.
For all applicants, naturalization envisages a wide space for discretional power of State
authorities and hardly any written criterion for decision. The latter, adopted by President of
the Republic decree upon proposal of the Ministry of the Interior and binding advisory
opinion of the Council of State, is based on a comprehensive judgement on the applicant
and is not subject to the limits which the Constitution provides for citizens in other areas of
public law.
The requirement of forfeiting the nationality of origin, as affrmed by the Ministry of the
Interior decree of 22 November 1994 and of 25 May 2002, was excluded by decree of 7
October 2004.
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4. Nationality acquisition by marriage to an Italian national
Since 1983 and later with 1992 Nationality Act, foreign spouses acquire the Italian
nationality on an equal footing between men and women, provided they marry live abroad
for three years, or marry and live in Italy for two years. In case of children, the time is
reduced to half.
Ministry of Home Affairs data show that in 2009 Italian nationality was granted to
23.874 spouses, 4.892 of which residing outside the Italian territory.
Acquisition of Italian nationality by foreign brides marrying Italian men before 1983
was automatic. It worked by operation of the law and only on the female side. Bridegrooms
were required to apply for Italian nationality and could be granted by President of the
Republic decree. Because of its automatic effect on women's position, wives were not
required to express their will in any form and still in some cases prove unaware of their
dual nationality.
A translation of relevant norms out of 1992 Nationality Act follows.
Article 5, 1992 Nationality Act
“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 tat, 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 presence of children born
from or adopted by the spouses”
Article 6:
“1.The following shall prevent the acquisition of nationality as referred to in article 5:
(a) conviction of one of the offences referred to in volume two, title I, chapters I, II and III of
the Criminal Code;
(b) conviction of an offence not involving criminal intent for which the law provides a
statutory penalty of not less than three years of imprisonment with hard labour; or
sentencing for a non- political offence 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
judgement if criminal proceedings are brought for one of the offences 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
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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 nr. 13 of 12 January 1991 shall apply.
(1) Section repealed by article 8 of President of the Republic decree of 18 April 1994, nr.
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. A decree rejecting the application may not be adopted if a period of two years has
elapsed since the date of submission of the application accompanied by the prescribed
documentation.”
5. ITALIANS OVERSEAS
Recognised Italian nationals abroad are enrolled in the special register of residents
abroad, in short: AIRE. This register counts 3,734,428 Italians as of 3 april 2008, after
statistic data given by the Ministry of Home Affairs.
The number appears to increase sensibly from one year to another. 166,000 more italians
have been registered only in the last year, since 2007.
The following table shows where Italians reside in the world:
Percentage Italian nationals
State of residence
56.70%
Europe
37.90%
Americas:
3.40%
Oceania
Below 1.5%
Asia and Africa
5.4% USA
3.6 % Canada
Although Italian nationals officially amount to less than four millions, the number of
potential/actual applicants for nationality in ancestry line account for several millions more,
probably more than the nationals residing within the Italian territory.
The Italian Government is aware of the significant presence of Italians abroad and
welcomes them on the Chamber of Deputies website with a considerable set of
information also translated in English at
http://www.camera.it/_votoitaliani/
3.1 Vote for local parliaments: The Council of the Autonomous Province of Trento
http://www.elezioni.provincia.tn.it/normativa/legge_pillole/pagina16.html
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Trentino people who hold the Italian nationality and reside abroad have a right to
elect the members of the Council of the Autonomous Province of Trento provided that they
have resided for at least year in Trentino before leaving. This right extends to
- their children born abroad
- their spouses who have acquired the Italian nationality
NOTE: The Members of the Province Council sit together with those of the Bolzano
Province Council in a third Council which is that of the Regio Trentino-South Tyrol
Electors are expected to vote in Trentino – cannot cast their votes from their country of
residence. They vote in the Trentino municipality in which they are registered as residents
abroad (AIRE).
The Province of Trento provides for a partial reimbursement of expenses for Trentini
working abroad, which amount to 50% for electors coming from a long way, meaning a
distance higher that 310,7 km (500 km). Lower reimbursements are allocated for electors
coming from nearer countries.
Reimbursement is granted to dependent workers, people retired abroad, their spouses and
children enrolled in the Trentino electoral lists who stay in Trentino for a shorter period than
60 days.
3.2 Italian nationals right to vote for the National Parliament
Italians living abroad are recognized as an integral part of the Italian people and are
called to participate in the life of the Republic. This achievement is quite recent as a result
of a long campaign promoted especially by Senator Mirko Tremaglia in Italy (born in
Bergamo, 1926) during the past fifty years. He served for long time as Minister for Italians
abroad is today still an active senator at the age of 85. He promoted the idea of an Italian
nationality which would include respect the heritage of emigration of millions of Italians in
history and be granted regardless of their actual residence in Italy. He concentrated
especially on the idea that emigrants must have a power to vote form abroad in order to
have an actual weight in running things which touch upon their position and that of all
Italians. His long-time action for voting rights finally succeeded in 2001 and became a
specific amendment to the Italian Constitution. That gives an important guarantee that the
right will stay in the long term.
Voting and candidacy are the highest expressions of the right to be Italians even
outside of the Italian territory and a necessity for contributing to the good government of
the Country.
Italian citizens vote residing outside of the Italian State Territory. These persons must be
registered in the electoral lists maintained by the Italian consulates.
Italian citizens residing and registered in the electoral lists abroad have the right to
candidacy.
By December 31, 2010 you must communicate to the Italian Consulate that you intend to
vote or run for office in Italy. Otherwise, you will vote via mail in your State of residency.
The Consulates send a communication in time with instructions for voting. The voting rules
are contained in the Law no. 459/2001 (text in Italian, English, French, Portuguese,
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Spanish and German).
Voting for the Italian Parliament occurs every five years (Legislature). Currently,
representatives elected in the elections of April 13-14, 2008 (XVI Legislature) are in power,
until the next elections in 2013.
There are 18 representatives of Italians abroad in the Parliament: 12 members of the
Chamber of Deputies and 6 senators. The number is determined proportionally to the
number of Italian voters residing abroad. Search for your representatives in the list below,
separated by election district.
SOUTH AMERICA
First name
Last/Surname
Institutional
Internet Site
OpenPolis
Monitoring
Personal
Website
Giuseppe
Elected to
Ricardo A.
the House
of
Commons/R Fabio
epresentativ
es
ANGELI
page
file
Not available
MERLO
page
file
ricardomerlo.
com
PORTA
page
file
fabioporta.co
m
Elected to
the Senate
of the
Republic
Esteban J.
CASELLI
file
senadorcasell
i.com
Mirella
GIAI
file
mirellagiai.co
m
Institutional
Internet Site
OpenPolis
Monitoring
Personal
Website
BERARDI
page
file
amatoberardi.
com
BUCCHINO
page
file
ginobucchino.
it
GIORDANO
page
file
page
page
NORTH AND CENTRAL AMERICA
First name
Amato
Elected to
the House
Gino
of
Commons/R
epresentativ
es
Elected to
the Senate
of the
Republic
Basilio
Last/Surname
14/16
basiliogiordan
o.com
EUROPE
First name
Institutional
Internet Site
OpenPolis
Monitoring
Personal
Website
DI BIAGIO
page
file
aldodibiagio.it
FARINA
page
file
giannifarina.e
u
GARAVINI
page
file
garavini.eu
NARDUCCI
page
file
franconarduc
ci.com
PICCHI
page
file
picchi.info
Antonio
RAZZI
page
file
antoniorazzi.
org
Raffaele
FANTETTI
page
file
fantetti.org
Claudio
MICHELONI
page
file
micheloni.ch
Aldo
Gianni
Elected to
the House
of
Laura
Commons/R
epresentativ Franco A. G.
es
Guglielmo
Elected to
the Senate
of the
Republic
Last/Surname
AFRICA, ASIA, OCEANIA and ANTARTIC
First name
Elected to
the House
Marco
of
Commons/R
epresentativ
es
Elected to
the Senate
of the
Republic
Nino
Last/Surname
Institutional
Internet Site
OpenPolis
Monitoring
Personal
Website
FEDI
page
file
marcofedi.co
m.au
RANDAZZO
page
file
Not available
For more information check our Newsletter online at
http://www.trentininelmondo.it/cittadinanza/news_letter_maggio10_en.asp
Thank you for your attention!
15/16
Your requests of information, ideas and reports are very welcome at the Legal Advice
Service offered by the Association Trentini nel Mondo at the following contacts.
Association Trentini nel Mondo
Trento, via Malfatti 21 – 38122
tel. +39 0461 234379 fax 230840
e-mail: [email protected]
Would you follow our news and website on Italian nationality at
http://www.trentininelmondo.it/cittadinanza
16/16