A community out of balance: nationality law and migration politics in the history of post-unification Italy

Italian government policies concerning foreign immigration have to be understood in the context of laws on nationality. Since the time of unification, Italian laws on nationality have been closely determined by policies on emigration and immigration. As a result, the laws regarding the nationality status of Italian emigrants returning from abroad, and for foreign immigrants in Italy, have on the whole been determined by the procedures adopted for the acquisition or deprivation of Italian nationality. This is a subject that has not been studied and this article reconstructs the principal stages in the development of Italian nationality laws from the early twentieth century to the present. This reveals that Italian nationality law treats Italian emigrants and foreign immigrants in very different ways. Both the legal system and government policy has in the past been extremely generous towards the former and has made both the preservation and the reacquisition of nationality relatively easy for Italian nationals, even before there were practical motives for this (e.g. the right for Italians living overseas to vote). When it comes to foreign immigrants, however, Italian law is amongst the most restrictive in western Europe. The article concludes by arguing that this underlying imbalance is a major but largely ignored weakness in Italian democracy.