The aim of this work is to analyse the legal institute of citizenship as the formal recognition of the integration of the foreigners. The article begins by considering the evolution of the concept of citizenship in the international legal system and then it concentrates on the Italian citizenship regulation and on the rights descending from the European citizenship. In the international legal system, the right to citizenship (traditionally left to the domestic jurisdiction of States) developed from the concept that, because the protection of human rights needs to come primarily from the national State of the individuals, therefore is necessary that everyone has such link with a State. Stated this general contest, the article provides a critical analysis of the Italian citizenship regulation and its deficiencies. Finally, the work concludes by considering the rights descending from the European citizenship, supplementary to national citizenship and destined to be the fundamental status of nationals of the Member States, as the European Court of Justice has remarked in its case law.
Recenti sviluppi in tema di cittadinanza, tra diritto internazionale e diritto interno / Pelaia, Chiara; Nucera, GIANFRANCO GABRIELE. - In: A.W.R. BULLETIN. - ISSN 0001-2947. - STAMPA. - 3/4:(2012), pp. 135-152.
Recenti sviluppi in tema di cittadinanza, tra diritto internazionale e diritto interno
PELAIA, Chiara;NUCERA, GIANFRANCO GABRIELE
2012
Abstract
The aim of this work is to analyse the legal institute of citizenship as the formal recognition of the integration of the foreigners. The article begins by considering the evolution of the concept of citizenship in the international legal system and then it concentrates on the Italian citizenship regulation and on the rights descending from the European citizenship. In the international legal system, the right to citizenship (traditionally left to the domestic jurisdiction of States) developed from the concept that, because the protection of human rights needs to come primarily from the national State of the individuals, therefore is necessary that everyone has such link with a State. Stated this general contest, the article provides a critical analysis of the Italian citizenship regulation and its deficiencies. Finally, the work concludes by considering the rights descending from the European citizenship, supplementary to national citizenship and destined to be the fundamental status of nationals of the Member States, as the European Court of Justice has remarked in its case law.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.