Doubts as to the constitutionality of the institution of the revocation of citizenship under Article 10-bis, Law No. 91/1992: critical profiles of an automatic sanctioning mechanism

Abstract

The legal institution of the revocation of citizenship referred to in Art. 10-bis of Law no. 91/1992, constitutes a privileged point of view to dwell on the peculiarity of the relationship that exists between the constitutional paradigm of national citizenship and the institutions of ordinary law through which it is articulated, both considered in the light of the constraints that derive from the dimension of European and, more generally, supranational protection in this matter. The contribution aims to highlight the constitutional doubts that characterise the permanence of the institution of denationalisation in the national legal system in relation to Articles 3, 22, 27(3), and 16(2) as well as articles 10 and 117 of the Italian Constitution, which substantially result in unequal treatment between citizens by birth and citizens of foreign origin, as well as in the danger of being pushed towards cases of statelessness. The legal institution of the revocation of citizenship is an additional penalty automatically imposed as a consequence of the principal penalty, even if not order by the Court