What Are the Legal Procedural

[rjnigro]

I have taken a look at the translations of the laws pertaining to the rights to secure Italian citizenship. They speak of who has the right of citizenship and such.

Does anyone have a reference to or know what the law actually requires the/an Italian Consulate to follow when reviewing a petition/application for such? It seems to me, given the inconsistencies among Italian Consulates that the actual and applicable Italian laws may not be properly followed. And, we, not knowing the actual Italian laws may be, in some cases, be placed in a labyrinth with no exit in our pursuit of claiming the Italian citizenship that is rightly ours.

My question is one more of procedure. Specifically does anyone know what the procedural rules/laws/requirements actually are? Is a Consulate required to issue responses in writing with errors found within certain time frame. It just seems that much of what goes on during an appointment (per postings) is loose and verbal and not specific and verifiable. I think a Consulates view may be that an applicant really doesn't know the law (Italian) and they then may make points more gray or to their procedural advantage, or the procedural disadvantage of the applicant.

[johnnyonthespot]

I stumbled upon this book, Io cittadino. Regole per la cittadinanza italiana ("I am a citizen. Rules for Italian Citizenship"), while searching for info for a similar question. From what I have read in these and other links, it appears to me that the book was commissioned and/or written by the Ministry of the Interior (but it is possible that I have misunderstood) and also that it has been distributed to all consulates and comune officials dealing with citizenship issues.

I would consider spending the €26,50 necessary to buy the e-book, but then I would have to deal with the fact that it is written in Italian...

See http://www.interno.it/mininterno/export ... adino.html (Google tranlsation http://translate.google.com/translate?h ... rmd%3Divns)

For a lot more detail, see this web page, http://www.francoangeli.it/Ricerca/Sche ... bro=320.48 (Google translation http://translate.google.com/translate?h ... rmd%3Divns)

PS: Click the "prova l'e-book" link at the site above to see the first 20 pages of the book which includes an extensive index. If you do it from the Google-translated site, the e-book (and index) will also be translated.

[kontessa]

I agree that many applicants are unaware of the laws, regulations and directives that govern the citizenship process. This is understandable though, given the complexity of the process, difficulties some have with the Italian language, etc. If you are able to read Italian, there are several websites that have a wealth of information: anolf.it, comuni.it, anusca.it, tuttostranieri.it, meltingpot.org. There are others, but that's a start.

You may find the lengthy citizenship document put out by the Ministero dell'Interno - La Cittadinanza Italiana. (I have copies of sections of this document, but presently do not have a link to offer. Will have to search for it.) For example, at or around page 150/151, there is a section that discusses irregularities in the documents submitted by an applicant - 'gravi ed insanabili discordanze' contained in the documentation gives the official the right to reject an application. Grave errors...the official determines what errors are objectionable, and this is what causes the most problems. What is passable in Newark, may require a court-ordered correction in NYC. The laws and regulations exist, but I believe that much is left for interpretation.

As for procedures, there are regulations that officials in a comune in Italy must follow, so one would think that the consular officials would be required to follow the same regulations. Maybe someone else who knows something more concrete about how the consulates operate can respond. The section of the law that discusses problems with documentation states that irregularities or grave inconsistencies within documentation must be communicated in writing to the applicant. (I believe that there is a time frame that they must do this as well, but I can't find reference to it right now.) The law also states that the applicant should be given an opportunity to make the necessary corrections within a reasonable amount of time - 'almeno 4 mesi'.

There's a lot more that I'd like to write, but I haven't time right now. I'll try to dig around in my notes and see if I can find anything worth posting.

[kontessa]

The section of the law that discusses problems with documentation states that irregularities or grave inconsistencies within documentation must be communicated in writing to the applicant. (I believe that there is a time frame that they must do this as well, but I can't find reference to it right now.) The law also states that the applicant should be given an opportunity to make the necessary corrections within a reasonable amount of time - 'almeno 4 mesi'.

I should clarify this reference to the law mentioned in my statement...I think that the document that I'm speaking about is really a directive issued by the Ministry of the Interior, not a law. Sorry for the confusion.

Also, there are a number of regulations that get passed, in the form of a 'circolare', that deal directly with citizenship, naming conventions and even how documents must be transcribed into the records. Searching regulations passed under a wide variety of topics besides citizenship might also be necessary.

There was another poster recently that mentioned having been advised by the consulate in NYC to obtain a court order because of discrepancies in documentation, and the consulate supposedly made a reference to a new regulation which allowed them to make this demand. (Search here on the forum for the thread.) I think that officials are supposed to note the regulation when informing an applicant (in writing) if there are problems with their documents. Again, searching on tuttostranieri is very helpful.

[rjnigro]

Thank You Carmine and Kontessa ...

I ordered the book/book ... feeling I can scan pages and translate ... the e-book notes said one could not copy.

Re the poster you mentioned, I had already contacted him. He received an e-mail not an "official" letter mentioning the "new" regulation but as far as I know, there were no specifics of or reference to it.