Cidadania italiana hoje (24/09) - Vale a pena entrar com o processo?

Summary

Wagner reviews the Italian citizenship debate and offers his personal view on whether applicants should start the process now.

• Referendum: He signed the referendum in support of the organization NAT Italiani, but doubts it will gather the 500,000 signatures needed or achieve the turnout required to change the law. He says the campaign may still help build momentum.
• The law and constitutional challenges: The new restriction, which limits eligibility to children and grandchildren of Italian citizens, remains in force. Wagner considers it legally vulnerable because it may retroactively remove a right acquired at birth. He points to ongoing constitutional challenges, including two new cases referred from the Avellino court, and criticism of the reform by legal commentators and a Court of Cassation magistrate.
• European and Italian courts: He sees the referral of issues to the European Court as significant, though he expects a decision could take around 17 months—possibly until late 2027 or early 2028. Meanwhile, he says post-decree Court of Cassation decisions continue to describe Italian citizenship as a right acquired at birth, irrevocable and recognizable at any time.
• Who may have a stronger case: In Wagner’s assessment, applicants with evidence of attempts to obtain recognition through a consulate before the decree are in the strongest position. Other pre-decree steps—such as obtaining documents—may support an argument, but the relevant case law is not yet settled, and each situation needs individual review.
• Practical advice: He does not recommend that everyone file immediately. He advises people to consider their legal and financial risks and to be cautious about signing expensive contracts before they know whether they are ready to proceed. However, he strongly recommends starting to gather and prepare documents now, including any necessary corrections. Being prepared could help applicants act quickly if favorable case law or a temporary opportunity to file emerges.

These are Wagner’s opinions and assessments, not a guarantee of how courts will rule.

Presenter: Wagner.