Introduction:
The applicants, U.S. citizens, claimed recognition of Italian citizenship by descent, tracing their lineage to an Italian-born ancestor through a female line. The case centered on the maternal transmission of citizenship before 1948, historically denied in administrative proceedings.
Outcome:
On April 18, 2025, the Court of Genova declared the applicants Italian citizens and ordered the Ministry of the Interior to proceed with all necessary registry updates. Legal costs were fully offset due to the evolving nature of the jurisprudence.
Challenge:
The Ministry of the Interior raised procedural objections and questioned the absence of certain documents allegedly proving causes for citizenship loss. The Court rejected these arguments, clarifying that the burden of proof lies with the administration and reaffirming the relevance of prior constitutional judgments.
Action:
The Court invoked the landmark rulings of the Italian Constitutional Court and the Supreme Court (e.g., Cass. SS.UU. 4466/2009), which eliminated gender-based discrimination in citizenship transmission. It recognized the continuity of citizenship despite a female ancestor losing her status before 1948 due to marriage, ruling that the applicants rightfully inherited Italian citizenship
For the privacy of our clients, all names are fictional, and any identifying details in the judgements have been obscured.