Solo ius soli?

Fonte di accese discussioni è in questi giorni la questione ius soli. A destra e a sinistra (politicamente parlando), passando per il centro, molti si arrogano il diritto di sentenziare se sia giusto o meno introdurlo a pieno regime nel nostro ordinamento, tant’è che è recentissimo lo scontro in Senato sulla votazione della legge approvata dalla Camera dei Deputati che propone di ‘allargare le maglie’ per il riconoscimento di tale istituto. Ma cosa è esattamente questa sorta di creatura mitologica che prende il nome di ius soli?

Con l’espressione ius soli si indica l’acquisizione della cittadinanza di un determinato Stato da parte di un soggetto che, indipendentemente dalla nazionalità dei genitori, è nato in quello stesso Stato. Molto diffuso all’estero, in particolare negli Stati Uniti, in Italia trova una collocazione residuale.

L’ultima legge sulla cittadinanza in Italia risale al 1992 e stabilisce che la regola di acquisizione dello status di cittadino si attui attraverso la trasmissione alla prole della cittadinanza del genitore (cd. Ius sanguinis). Inoltre, allo stato attuale, un bambino nato da genitori stranieri, anche se partorito sul territorio italiano, può chiedere la cittadinanza dopo aver compiuto 18 anni e nel caso in cui fino a quel momento abbia risieduto in Italia “legalmente e ininterrottamente”. Tuttavia, anche nel nostro Paese è possibile applicare la regola dello ius soli, in due casi ben definiti: per nascita sul territorio italiano da genitori ignoti o apolidi (senza cittadinanza alcuna) o impossibilitati a trasmettere al figlio la propria cittadinanza in base alla legge dello Stato di provenienza, oppure se il soggetto è figlio di ignoti ed è stato trovato nel territorio italiano.

Da due giorni a questa parte in Italia si è tornati a discutere della legge sulla cittadinanza, approvata dalla Camera alla fine del 2015 e da allora in attesa di essere esaminata dal Senato, cosa che si è verificata in questi giorni e ha visto l’opposizione di alcune forze politiche, in primis della Lega Nord, le cui forme di protesta sono state talmente accese da occupare anche i banchi del Governo e causare la sospensione della seduta.

Il testo in esame al Senato introduce due nuovi mezzi per ottenere la cittadinanza prima del compimento dei 18 anni: uno è lo ius soli temperato e l’altro è lo ius culturae (“diritto legato all’istruzione”). Il primo criterio prevede che una persona nata in Italia diventi automaticamente italiano se almeno uno dei due genitori si trova legalmente in Italia da almeno 5 anni. Nel caso in cui il genitore in possesso di permesso di soggiorno non provenga dall’Unione Europea, è necessario conseguire altri tre parametri: reddito non inferiore all’importo annuo dell’assegno sociale;
avere un alloggio che risponda ai requisiti di idoneità previsti dalla legge e superare un test di conoscenza della lingua italiana. L’altro criterio introdotto (ius culturae) è diretto nei confronti dei ragazzi stranieri che giungono in Italia entro i 12 anni e risultino residenti al compimento dei 18 : in questo caso sarà necessario aver frequentato regolarmente per almeno cinque anni nel territorio nazionale uno o più cicli di istruzione. Fuori da questi casi, la cittadinanza italiana può essere invece acquisita per matrimonio o per naturalizzazione cioè concessa (con Dpr, sentito il Consiglio di Stato), su richiesta dell’interessato, a chi risiede in Italia da almeno 10 anni se cittadino extra europeo e 4 se europeo.

Molti gli esponenti politici che hanno espresso le proprie convinzioni su questo provvedimento in stallo. Per Gentiloni «questa legge non riguarda solo il diritto di questi bambini, ma interessa anche la sicurezza del nostro Paese: la via contro la radicalizzazione non è la costruzione di muri, ma quella del dialogo e l’inclusione»; secondo l’opinione di Grillo, invece «è vergognoso tenere il Parlamento in stallo per discutere di provvedimenti senza capo né coda, mentre non si fa nulla per dare una mano alle famiglie italiane che si trovano in grande difficoltà economica». Neanche a parlarne per la Lega, che si oppone in tutti i modi a questa approvazione.

Il tema sta facendo discutere anche i cittadini, da Nord a Sud si registrano opinioni contrastanti che contribuiscono a rendere ancora più bollente la calura estiva, più velenosi gli animi e più agguerriti i convinti sostenitori del ‘no ius soli’. La soluzione? Difficile, forse utopica, informarsi, leggere, studiare, e solo dopo pensare senza preventivamente puntare il dito, o meglio puntarlo nella direzione giusta.

Maria De Paola

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    Gary Shearston was to folk what Johnny O TMKeefe was to rock. (Monica, 2BL listener on Richard Glover TMs afternoon show during 2010 on air interview/live representation)

    “Gary Shearston is named the DOYEN of Australian folkies, Gary is more than that he is Royalty in our Australian music business. (Raymond Phillips, Country gather).

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