Bari Court confirms Citizenship by descent: maternal line discrimination overcome – Eligibility – Aprigliano International Law Firm

Recognized Italian citizen on June 14, 2024

Bari Court confirms Citizenship by descent: maternal line discrimination overcome

Introduction:

The applicant, represented by Aprigliano Law Firm, sought judicial recognition of Italian citizenship iure sanguinis, tracing her lineage to an Italian male ancestor born in 1895. The line passed through a woman who had lost citizenship automatically due to marriage to a foreigner before 1948.

Outcome:

On June 14, 2024, the Court of Bari recognized the petitioner as an Italian citizen from birth and ordered the Ministry of the Interior to complete all necessary registry updates and consular notifications. Court costs were compensated between the parties.

Challenge:

The Ministry did not appear in court failed to refute the petitioner’s claims. The legal challenge stemmed from the maternal transmission before 1948, previously blocked by discriminatory provisions of Law 555/1912.

Action:

The judge cited Supreme Court decision no. 4466/2009 and Constitutional Court rulings 87/1975 and 30/1983, which invalidated gender-based restrictions on citizenship. The documentation was complete, translated, and apostilled, proving uninterrupted descent.
The court reaffirmed that citizenship lost or denied due to unconstitutional laws is considered restored from January 1, 1948, with no further declarations required.

For the privacy of our clients, all names are fictional, and any identifying details in the judgements have been obscured.

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