Ius soli e cittadinanza europea

Abstract

The European citizenship is a derived citizenship because it requires the citizenship of a Member state and that fact increases the responsibility of the individual states legislating on issues relating to domestic citizenship. On one side there is therefore complete independence of the individual Member state to determinate the conditions for the acquisition of its citizenship but at the same time that means an equity problem between nationals of various Member states and even a possible substantial denial of the right to free mobility at European level, mobility from which, indeed, the loss of original nationality or the purchase of a new citizenship could result. These problems become then clearly amplified by the migration flows of the last few years and by the selected accepting criteria, finding contact points with the residence discipline (so-called social citizenship) and with the one concerning residence permits of permanent or long-term validity. Currently, the fact remains that, within the European Union, the existing legislation still sees states, albeit with different nuances, adopting the ius soli system and states adopting the ius sanguinis one. In Italy a draft law concerning the introduction of ius soli was submitted, whilst also providing for the assumption of the so-called ius culturae