History of Italian citizenship

Italian National Identity Prior to 1861

In the Middle Ages the Italian peninsula was split into five large and small sovereign states that were subsequently subdivided into several smaller, semi-autonomous, mini-sates. In the mid 19th century, Napoleonic conquests resulted in French control of all of Italy with the exception of the Islands of Venetia. This 14 year period of Napoleonic rule is substantial to Italian self-recognition, as the blanket administration of the French administrative structures acted to influence prominent Italians into entertaining the notion of a constituted Italian Nation State. The repressive nature of this era also acted to engender a new generation of Italian national revolutionaries. One of which was Giuseppe Mazzini famous for his involvement in founding the Risorgimento. Mazzini saw the issue of Italian nationality as universally inclusive, “For Mazzini, all Italians, irrespective of class and property, were impoverished and oppressed, and all were therefore included in his noton of 'the people'” Mazzini, however, was unsuccessful in his attempt to undermine the larger dynastic authorities of Austria, France, and Spain and as a result was exiled to London in 1836.

Concept of Nationality During Unification

The key figure in the independence and initial unification of Italy was Count Camillo Benso di Cavour. Cavour wanted to create a modern secular state with the least possible social upheaval. Cavor and his supporters decided this could be done by limiting popular participation and unifying Italy with the consent of the Major Powers. Cavour also wished to limit enfranchisement within the new Italy to "men of substance." Cavour thought it most practical to control the definition of Italian Nationality as well as the politics of the Italian Nation from the top down.

The First Constitution

The first Italian constitution was created through the adaptation of the Piedmontese Statuto Albertino of 1848. The document itself was not particularly original. Parts of it were copied from the French constitutional charter of 1840 and other parts were based on copies of the Spanish constitution of 1812. Interestingly the Piedmontese Statuto was originally drafted in French. To this day the statute remains officially un-repealed in Italy, though it is not used in present day practice

The Extension of Enfranchisment: Nationality after Italian Unification

The Storica’s: limited enfranchisment

Destra storica (1860-1876) - completed territorial unification of Italy centralized its administration and established an effective, but very unpopular, system of tax collection. It was repressive of popular movements, however, maintained a respect for the liberties of individuals; to think speak and write.

Sinistra Storica (1876-1898) – Replacing the Destra Storica parliament came Sinistra Storica. This period was characterized by low levels of enfranchisement among nationals; as local power-holders had a stranglehold on politics. Less than 2 % of the population was entitled to vote until 1882 when it rose to 7%. This is made comparably lower when put in contrast to France where, in 1882, 25% were enfranchised, Germany where levels were at 20%, and England were levels were at 8%. Thus, during Sinistra Storica, only half a million male voters existed and these were dominated by a few thousand influential men. These Influential men would then determine the fate of 25 million Italian nationals. Huge popular descent against Sinistra Storica and Destra Storica lead to their downfall.

Giovanni Giolitti and Voter Expansion

Giovanni Giolitti: Following the dissolving of Sinistra Storica, Italian national politicals were firmly controlled by the authoritative Giovanni Giolitti (his position in government remained predominant from 1903-1914) . It was a period characterized by economic progress civil modernization, cultural renewal and democratic reforms that favored the ascent of the popular classes. Giolitti’s regime most notably created great electoral reform law which increased voting size from 3 million to 8.5 million. Previous to Giolliti, in 1882, the number of enfranchised was limited based on literacy as there was an educational test for voters. Soldiers, Sailors, and Police officers also were, oddly enough, excluded from enfranchisment. Under Giolitti, however, The Vatican decided to hesitantly support the Italian state; finally making it possible for “good Catholics” to vote in elections, following 1903. This combined with increasing literacy lead to thirty percent of the male adult population becominging eligible to vote in national elections. Universal manhood suffrage followed later in 1912. In 1919 illiterate voters, which comprised about fifty per cent of the population, were able to take part in elections as they were allowed to deposit unmarked ballot papers bearing their party emblem into the ballot box. Overtime,however, the authorative nature of the Giolotti controlled parliament gave rise to a new feeling that deemed necessary the regeneration of national politics through spiritual revolution.

Italian Fascist Conceptualization of Nationality

La Voce: Influencing Facism

La Voce: The nationalism of la Voce came to fruition under the authoritative Giolitti government. The movement is considered to be influential although not directly related to the development of fascism. The greatest contrast between the thoughts of La Voce and the ideology of fascism occurs in the la voce belief that the myth of regeneration of politics was not associated with the myth of the supremacy of the state, nation, and race. In contrast The Vociani wanted national regeneration through civic humanism and the faith of a secular religion that could “educate the moral conscience for the modern ‘New Italian’ harmonizing the need for a strong sense of national identity with the aspiration of attaining a higher universal conscience, above and beyond that of nationalism.”

Fascist Concepton of Nationaltiy

Futurism and the La Voce movement eventually would come together to lay a foundation for the creation of Italian Fascism; in which the status of the national would be redefined yet again. The Fascist’s ideal citizen was a “new man” devoid of any individual autonomy and responsibility who was taught to see himself merely as an instrument of the state. This “new man” also had to be prepared to sacrifice his life for his nation. The Italian National Fascist Party, or PNF, achieved this through sanctifying politics, “integrating the masses into the nation through the use of faith based rituals and symbols centered around a new fascist religion.” The Italian Fascists also claimed a monopoly over the representation of “Italianness”; an Italian national was defined by his participation in the PNF. As a result of this the liberal nationalist ideal which incorporated all Italians into the state; despite religion, ethnicity or ideology, was swept away by the Totatalerian State ideal. Only Fascists were considered "True Italians" and only these individuals were granted a "Complete Citizenship." Those who did not swear allegiance to the Facist state were banned from public life. The PNF also started up a large propaganda program engendering Italian identity to Italian emigrants and nationals abroad; in the hopes of promoting the fascist cause among former nationals through the promotion of the Fascist version of Italian nationalism.

Fascist Syndicate System

The Fascist party between 1926 and 1928 created a corporative system of representation and negotiation where equality between citizens was rejected (made official in the Charter of Labor of 1927) and citizens were arranged based on economic categorization within syndicates. The rights of individuals were, therefore, superseded by the rights of the syndicate. Each employer and employee were merged together to form a labor syndicate that was placed into one of six larger national categories, for national representation. Intellectual workers were placed in a special category. It was within the syndicates that requests for improved working conditions and higher wages were petitioned and decided upon with the state acting only as the final judge. In order to join a work syndicate one had to pay dues to the syndicate and become a member of the Fascist Party. The national electorate was adapted to this new system so all voters were now, under fascism, male Italian citizens over the age of twenty one who belonged to a syndicate and were members of the fascist party. A citizen’s power to vote, therefore, was granted based on the fulfillment of some sort of social function. Belonging to a syndicate provided evidence of an individual’s contribution to the state while simultaneously, through obligation in membership, made sure that all voting citizens were members of the Fascist party.

Who was excluded: The Others and Fascist Discrimination

The Anomalous Venezia Giulia

As a result of First World War peace process Italy was forced to incorporate Slovene and Croatian-speaking sections of the Hapsburg Empire into Italy. This new region was referred to as “Venzia Giulia.” Under fascist rule this north eastern border was specifically targeted for the violent enforcement of an Italian national identity. Harsh assimilatory treatment of minorities in the area existed months before fascists destroyed parliament, however. Previous to facist control Slavs in the area were treated as an alien group and this categorization translated into specific anti-Slav policies prohibiting the use of Slovene language in government institutions and law courts.

Following the Fascist takeover the legislative integration of Venezia Giulia into Italy began, which formally occurred in 1922. By 1923 Topnomy laws reinvented the identities of these provinces, Slavic non-Italian street names and monuments were changed to celebrate and promote Italian contemporary persons. By 1924 the integration of the Slavic community of Venzia Giulia was further intensified as all foreign language newspapers were required to publish Italian translations and schools were prohibited from teaching in foreign languages. Assimilating policies, however, were most aggressive between the years 1924-1927. It was during these years that policies were formally put in place discriminating against Slavic Minorities. Examples include the transformation of 500 Slovene and Croatian primary schools into Italian Language Schools as well as the deportation of one thousand Slavic teachers to other parts of Italy and the formal closure of 500 Slav societies and a number of Slavic libraries. Slav surnames were also replaced by Italianized versions. Eventually all evidence of non-Italian names, even on old gravestones, were destroyed. Houses were searched for foreign language literature and alien cultural and athletic organizations were purged of non-Italian content. Finally land and property were confiscated from Slovene peasant farmers and redistributed to new Italian Settlers.

Jewish Exclusion Under Fascism

In November 1938 the Italian Fascist government introduced laws aimed specifically against the Italian Jewish community. These laws prohibited all Jews, regardless of their political loyalty to fascism, from participating in schools, commerce, professions or politics. This exclusion was also actively used, during the last five years of the fascist government, in a propaganda program to educate the Italian population to the biological understanding of Italian National Identity. This propaganda campaign detailed the biological threat of Jews and other non-Europeans such as Africans to the purity of the Italian race.

Italy After Fascism

The failure of fascism is often associated with the ruined prestige of the Italian national identity. As a result of this ruined prestige the 1950’s and 1960’s are characterized by a setting aside of the myth of the nation, though formal speeches and official rhetoric still habitually called upon the fatherland. Since the fifties and sixties the loss of national prestige seems to have grown as some scholars presently maintain that Italian nationals have already lost, or are in the process of losing, their sense of national identity. This loss of national identity can be witnessed in the present-day growth of Piccolo Patria (local patriotism); where national identity is being replaced by regional patriotism. This has lead to divisive movements such as the separatist movement of the Northern League of Italy. However the strength of regional patriotism has also positivley affected the ease with which Italian Nationals have entered the European Union. It is a popular paradox to say that “Italians are the most regional yet at the same time the most European” of all individuals within the EU. The retention of a strong regional identity is seen as corresponding with a weaker notion of state and national identity. As a result Italians are able to view participation in the EU as non-threatening to national identity in contrast to fellow Europeans; who place a greater importance on the maintenance of individual national identity.

Modern Italian Constitutional Distinctiveness

Italy’s ultimate law is found in its constitution, created in 1948 following the fascist downfall, where sovereignty belongs to citizens who elect a parliament. This Italian constitution is not original in it’s obligation to safeguard basic and fundamental human rights. However the Italian constitution is distinct in the sense that it formally guarantees, under article 24, the right to a judicial defense. The Italian constitution is also distinctive, from some other constitutions, in it’s outlawing of the death penalty, pursuant to article 27. This indicates that the state sees rehabilitation of a convicted person as an obligation; and rehabilitation through treatment as a right of the Italian Citizen.

Language Rights and Discrimination in Italian National History

The Italian language has been considered an important characteristic of Italian National identity since the time of unification. It was the overwhelming use of regional dialects and foreign languages that lead non-Italian speaking minorities to be considered a threat to the development of national consciousness. As a result of this; the first eighty or ninety years of Italian history characterizes non-Italian speaking minorities as intruders in the national domain; who were to be given no official existence. This is significant once it is considered that the Italian state began its life in 1861 without a common language. At the time of unification only 2.5-12% of the population could speak what is today considered Italian. Out of a population of 35 million at least 31 million were not included in the, not-so, common language.

When the fascist regime came to power Italian still was the spoken language of very few Italian nationals. Fascists confronted this obstruction to national unity by discriminating and banning the use of foreign language forms. French and English were particularly singled out as polluting the Italian national language. As a result laws were created aimed at preventing the use of foreign words on shop signs and Italian alternatives were created to take the place of regularly used foreign words. This repression of foreign languages went so far as to prompt Fascist Party member Tommaso Tittoni, on the 16th of August 1926 to call upon Mussolini to send Government Representatives around newspaper offices to catch out and sack linguistic offenders.

The direct result of this linguistic repression culminated in the development of a new constitutinal law, included in the January 1st constitution of 1948, which carried a reference to linguistic equality. It stated that “all Italian citizens have equal social dignity and are equal before the law, without distinction of sex, race, language, religion, political opinions, personal, or social condition” and also that “the republic will protect linguistic minorities with appropriate measures.”

Recently, and in complete contradiction to past trends, a multicultural approach to language rights has also developed as a proposed law on language was passed by Italian parliament on December 15, 1999 that formally protected the use of thirteen minority languages for use in education, broadcasting and administration.

History of Italian Nationality in Civil Law

Italy has, since unification, invoked the use of two Civil Codes. The First was the Italian Civil Code of 1865 which was used up until it was made obsolete by the second Italian Civil Code, which was formally created and put to use in 1942.

The Italian Civil Code of 1865

The Italian civil code of 1865 was formally adopted by Italy following Unification. The Civil code of 1865 was incredibly similar to the Napoleonic Code. The fundamental principles, of both the Napoleonic code and 1865 Italian civil code, indicated that all male citizens were equal before the law: primogeniture, hereditary nobility, and class privileges were to be extinguished; civilian institutions were to be emancipated from ecclesiastical control; and freedom of person, freedom of contract, and inviolability of private property were to be placed under the formal protection of Civil law.

The Italian Civil Code of 1942

The modern Italian civil code contian 2969 articles is divided into six books categorized under the headings Persons and Family, Succession, Property Obligations, Labor, and Protection of Rights. The Civil Code was adopted in 1942 whereas the Penal Code and the Code of Criminal Procedure have been formally used by Italy since 1931. However all of these codes have since been extensivley amended and the Code of Criminal Procedure has undergone significant modification based on descisions made in the Italian constitutional court.

Female Exclusion from Civil Rights

Under the Civil Code of 1865, women were formally categorized based almost exclusivley on their relationships with men. Women, resultantly, as a group were denied the priviledge of civil rights. Women were excluded from political and administrative suffrage, were not allowed to hold any public office, or in anyway represent civil state authority. As a result women were barred from holding several jobs and lacked access to certian civil priviledges. For instance women, under the original civil code of 1865, were not allowed to become arbitrators, notaries, lawyers, judges, or guardians to individuals unless directly connected through blood. Over the process of time woman did gain Civil rights equal to men, however this was a long drawn out process. In 1919, women gained the right to own property and the right to control their income, while also being given access to a handful of legal positions. 26 years later, in 1945, women were given the right to vote in elections. Finally, in 1975, reforms were introduced and enacted that brought about a legal change to the distribtuiton of legal power between the sexes in marriage, which had formally held an incredibly masculine bias.