Law Decree Of August 3, 2012 113 - Change In Law March 30, 2012 35 - Extraordinary Provisions On Naturalization

Original Language Title: Decreto Legge 3 Agosto 2012 N.113 - Modifica Alla Legge 30 Marzo 2012 N.35 - Disposizioni Straordinarie Sulla Naturalizzazione

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draft decree DECREE REPUBLIC OF SAN MARINO - LAW 113 of August 3, 2012 We the Captains Regent of the Most Serene Republic of San Marino Having seen the need and urgency referred to in Article 2, paragraph 2, point b) of the Constitutional Law of 15 December 183 of 2005 and Article 12 of the Qualified law 184 of December 15, 2005 and more specifically the need and urgency to correct and improve certain provisions of the naturalization law (law 35 of 30/03/2012) which affect on the preparation of applications and the need and urgency to extend the deadline for the submission of applications to prevent this deadline and the period immediately prior to coincide with that of the election campaign for the election of the Great and General Council; Given the decision of the 98 State Congress adopted in the sitting of 30 July 2012; Having regard to Article 5, paragraph 2, of the Constitutional Law no. 185/2005 and Article 9 and Article 10, paragraph 2, of the Qualified Law n.186 / 2005; We promulgate and publish the following Decree-Law: CHANGE THE LAW 30 March 2012 35 - SPECIAL PROVISIONS ON NATURALIZATION Art. 1 1. By this decree shall be amended and supplemented some provisions of Law 35 of March 30, 2012 - " extraordinary provisions on naturalization ". Art. 2 1. The deadline for submission of the application for naturalization is extended to 31gennaio 2013. 2. The deadline for the transmission of the minutes referred to in Article 7, paragraph 3, shall be extended to 15 April 2013. Art. 3 1 . And 'he repealed the letter. c) of paragraph 3 of Article 5. 2. The applicant for naturalization can document the absence of the conditions referred to in Article 2 paragraph 1, lett. c) and pending charges or through self-certification or through certificates issued by the criminal records of the Single Court of the Republic of San Marino. 3. criminal Certificates from foreign authorities that they are produced by the applicant, otherwise received and transmitted to the College of art. 7 together with the application. 2 4. The Board may consider it useful to assess whether the cooperation of the Consular Authority for verification referring to the absence of the conditions referred to in Article 2 paragraph 1, lett. c) and the pending charges. 5. For the purposes of acquisition of citizenship by naturalization, is equivalent to the performance of the Penal Certificate or of the General Penal Certificate. Art. 4 1. Further to Article 3 are added the following paragraphs: "3. It considers abiding by birth, pursuant to Article 2, paragraph 1, lett. b) those found to have acquired my residence and / or residence permit within the first year of life provided that at least one of the parents at the time of his birth, was in possession of the registered residence or permission to ordinary or special continuous stay . 4. Similarly, the requirement of Article 2, paragraph 1, lett. b), may be validly refer to the date of application for the grant of the residence or the residence permit if such a request has not older than one year than at the date of the registered residence or permission to ordinary or special continuous stay. 5. The condition mentioned in the third paragraph above may be subject to certification or specific questions contained in the declaration. 6. For the purposes of paragraph 4, the applicant shall file a special certificate or documentation of the relevant departments. ". Art. 5 1. For the purposes of the provisions of paragraph 8 of Article 5 of Law no. 35/2012 about the checks delegated to the Board, taking into account the provisions of Law 159/2011, the Board itself should carry out inspections and that is through direct access to databases of public administration or requiring checks to each of the relevant departments to relevant certifications, giving any indication. 2. In any case it must be verified by the Board with the relevant certificates of Civil Status Office of the Gendarmerie and the abode of Article 3 if the naturalization applicant has done in this respect the statement in lieu. 3. The powers of the Board can not be delegated. Art. 6 1. Where the country of origin legislation is not sufficient to renounce his citizenship, the non-formalization of the loss of other citizenships held under Articles 9, paragraph 4 and 10, paragraph 2, by the naturalized citizen, can be offset by appropriate competent authority certificate of the country of origin stating the impossibility of renunciation. Given at Our Residence, this day of August 3 2012/1711 THE CAPTAINS REGENT Maurizio Rattini - Italo Righi p.IL SECRETARY OF STATE