11 marzo 2013

acquisto cittadinanza iure soli; premio Giorgetti

Cari amici,

1) alla pagina http://www.stranieriinitalia.it/briguglio/immigrazione-e-asilo/2013/marzo/lett-ndoja-cittadinanza.html troverete la lettera aperta inviata da una ragazza albanese, Monnalisa Ndoja, nata in Italia, che si e' vista rigettare la dichiarazione di elezione della cittadinanza iure soli per il fatto che la sua iscrizione anagrafica e' avvenuta alcuni anni dopo la nascita.

Il caso e' emblematico della situazione che vivono molti stranieri neo-diciottenni. Al momento della nascita di Monnalisa, la madre era legalmente soggiornante per motivi di studio. Aveva tentato, prima ancora che Monnalisa nascesse, di iscriversi all'anagrafe, ma la richiesta era stata respinta (illegittimamente e solo verbalmente...) perche', a detta del funzionario d'anagrafe, il permesso per studio non consentiva di procedere all'iscrizione.

Nata Monnalisa, la dichiarazione di nascita era stata prontamente effettuata, da persona pero' (la madre) non iscritta all'anagrafe. Non vale quindi appellarsi alla Circolare del Ministero dell'interno del 2007, che "sana" le situazioni in cui una iscrizione anagrafica tardiva del minore e' compensata da una dichiarazione di nascita tempestiva ad opera di un genitore "legalmente residente" (ossia, legalmente soggiornante e iscritto all'anagrafe).

La lettera non si limita pero' a lamentare un formalismo anacronistico (che meriterebbe, ovviamente, una rapida riforma). Osserva - ed e' su questo punto che richiamo la vostra attenzione - come anche a normativa invariata il rigetto della dichiarazione di elezione della cittadinanza di Monnalisa e' da considerare illegittimo.

L'argomento e' il seguente: art. 1 co. 2 DPR 572/1993 stabilisce che "Ai fini dell'acquisto della cittadinanza italiana (...) si considera legalmente residente nel territorio dello Stato chi vi risiede avendo soddisfatto le condizioni e gli adempimenti previsti dalle norme in materia d'ingresso e di soggiorno degli stranieri in Italia e da quelle in materia d'iscrizione anagrafica". Ora - prosegue la lettera - trattandosi di un diritto soggettivo della persona (l'acquisto della cittadinanza iure soli), le condizioni che lo integrano non possono che riguardare dati e comportamenti del neo-diciottenne richiedente. [E] non esiste alcun adempimento in materia anagrafica al quale il minorenne sia tenuto, spettando a chi esercita la patria potesta' di rendere le dichiarazioni anagrafiche di cui all'articolo 13 DPR 223/1989. Non si puo' quindi ritenere inadempiente il neo-diciottenne in relazione ad obblighi che non gli spettavano."

Questa tesi mi sembra perfettamente condivisibile e dovrebbe - a mio parere - tradursi in istruzioni ministeriali che evitino di rendere necessario il ricorso al giudice, anche - lo ripeto - a normativa invariata.


2) Alla pagina http://www.stranieriinitalia.it/briguglio/immigrazione-e-asilo/2013/febbraio/premio-marisa-giorgetti.pdf troverete il manifesto relativo alla premiazione della prima edizione del Premio internazionale Marisa Giorgetti, intitolato alla mamma di Gianfranco Schiavone. Mi sembra un'iniziativa bellissima, e sono felice di segnalarvela. Altre informazioni sul Premio potete trovarle sul sito http://www.premiogiorgetti.org.


Cordiali saluti
sergio briguglio

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