Introduction:
In a recent ruling, the Court of Genoa examined a petition filed by U.S. applicants seeking judicial recognition of Italian citizenship by descent from an Italian ancestor born in the Municipality of Lumarzo, in the Province of Genoa, in the nineteenth century. The applicants submitted civil registry documentation demonstrating their lineage and the continuity of the genealogical chain across several generations. The proceedings were brought against the Ministry of the Interior, which participated in the case but did not contest the genealogical reconstruction presented by the applicants.
Outcome:
The Court granted the application and declared that the applicants are Italian citizens jure sanguinis. It ordered the Ministry of the Interior and the competent Civil Status Registrar of the Municipality of Lumarzo to proceed with the necessary registrations, transcriptions, and annotations in the civil status registers. Litigation costs were fully offset between the parties.
Challenge:
During the proceedings, the Ministry requested the acquisition of additional documentation relating to military service and employment records of the ancestor and his descendants. The Court rejected this request, clarifying that in citizenship recognition cases the burden of proving the existence of events interrupting the transmission of citizenship lies with the State when such objections are raised. In the absence of any evidence demonstrating the loss or interruption of citizenship, the genealogical continuity presented by the applicants was deemed sufficient.
Action:
Through apostilled civil registry records and genealogical documentation, the applicants demonstrated their direct descent from the Italian ancestor and the uninterrupted transmission of citizenship through successive generations. As a result, the Court confirmed that the applicants possess Italian citizenship from birth and ordered the competent authorities to implement the necessary administrative registrations.
For the privacy of our clients, all names are fictional, and any identifying details in the judgements have been obscured.