Introduction:
In this case, the Court of Bari examined an application for recognition of Italian citizenship by descent filed by a U.S. citizen claiming direct lineage from an Italian-born ancestor who later emigrated to the United States. The applicant supported the claim with Italian and foreign civil status records, duly translated and apostilled, establishing the continuity of the family line. The proceedings were initiated after the applicant was unable to obtain timely recognition through the competent consular authority due to significant administrative delays.
Outcome:
The Court granted the application and declared the applicant an Italian citizen jure sanguinis. It ordered the Ministry of the Interior, through the competent Civil Status Registrar, to carry out all registrations, transcriptions and annotations required by law and directed that the judgment be communicated to the competent authorities. Legal costs were fully offset between the parties.
Challenge:
The Court first addressed jurisdiction, confirming the competence of the Court of Bari because the Italian ancestor was born within its territorial district. It also clarified that the provisions introduced by Decree-Law No. 36/2025 were not applicable to the proceedings, as the action had been commenced before the reform entered into force. A further issue concerned the applicant’s decision to seek judicial recognition rather than await the outcome of the administrative process. The Court observed that the competent consulate had indicated waiting times of approximately ten years, making effective administrative protection unavailable within a reasonable period. In such circumstances, direct access to the courts was considered fully justified.
Action:
The evidence demonstrated that the Italian ancestor acquired U.S. citizenship only many years after the applicant’s birth and after the applicant had already reached adulthood. The Court therefore found no interruption in the transmission of Italian citizenship. Relying on established Supreme Court case law, the Court reaffirmed that the acquisition of foreign citizenship does not automatically result in the loss of Italian citizenship. Such loss can occur only through an express and voluntary renunciation, the existence of which must be proven by the State. Since no interruptive event was established, the Court concluded that citizenship had been validly transmitted through the family line and granted recognition of Italian citizenship jure sanguinis.
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