Circular 43347 on Italian citizenship, following the principles established by recent rulings from various Italian courts and the Court of Cassation, has reinterpreted the regulations governing iure sanguinis citizenship in an extremely restrictive manner. As of now, it risks causing more harm than benefit and may appear “punitive” towards descendants.
In this regard, it is important to clarify that the judiciary does not have the power to formally amend the law but only to suggest interpretative guidelines for its application.
Consequently, while a circular is an important administrative tool, it can provide guidance on the application of laws but can not modify or overturn their previous application, as it carries minimal legal weight.
In recent years, however, the rules governing Italian citizenship have increasingly been the subject of rulings that are seen as discriminatory, as they tend to restrict the rights of iure sanguinis citizens born abroad, thereby creating situations of interpretative uncertainty.
In this context, it is worth noting that circulars are not sources of law; they do not bind taxpayers or judges. Instead, they serve to establish behavioral guidelines for peripheral offices.
More specifically, circulars are general acts that aim to provide guiding criteria for the interpretation and application of legal provisions.
What Is the Purpose of Circular 43347 on Italian Citizenship Iure Sanguinis?
As outlined above, a circular is intended as an explanatory document, far from being a source of law, and thus not designed to have binding effects on all individuals, citizens, or public entities.
A circular cannot amend or override a law and cannot:
- Introduce additional requirements or conditions beyond those imposed by law;
- Impose different or more burdensome obligations than those established by law;
- Create exceptions not provided for by law;
- Regulate matters differently from how they are governed by law;
- Impose financial burdens on citizens that are not prescribed by law.
Likewise, a circular cannot concretely implement a law.
So, what is the purpose of Circular 43347 on Italian citizenship iure sanguinis?
Its goal is to clarify the content of the legislation or, more precisely, to serve a purely explanatory function.
Circular 43347 on Italian Citizenship: What to Do if Your Application for Italian Citizenship Iure Sanguinis is denied?
In the event of a rejection of the application for recognition of Italian citizenship by right of blood, the interested party may appeal to the TAR (Regional Administrative Court) of Lazio.
In the event of a favorable decision, the TAR will not grant citizenship directly but will require the Public Administration to comply with the ruling and reassess the application.
As a result, the Public Administration will be obligated to reevaluate the applicant’s overall situation and their actual integration into the economic and social fabric, taking into account all the circumstances of the specific case. Furthermore, the final decision must clearly and adequately justify the reasons for any denial of the citizenship application.
Circular 43347: How can we help you?
The Arnone&Sicomo law firm has an immigration law department.
We are strongly convinced of the illegitimacy of this circular and we will do everything possible to protect the rights of all those people who have had their application for citizenship iure sanguinis rejected on the basis of this new interpretation of the law.
Have you had your application for Italian citizenship iure sanguinis rejected? Contact us. We will help you file an appeal.