Introduction:
The applicants sought judicial recognition of Italian citizenship as descendants of an Italian-born woman. Because part of the lineage involved births prior to 1948, administrative recognition was not available, making judicial proceedings necessary. The Court examined the historical framework, applicable legislation, and the complete genealogical record.
Outcome:
The Court upheld the claim and declared all applicants Italian citizens, ordering the Ministry of the Interior and the competent Civil Status Registrar to complete all registrations, transcriptions, and required communications with consular authorities. No order was made as to legal costs, given the Ministry’s non-appearance.
Challenge:
The case addressed long-standing pre-1948 gender discrimination, which historically prevented Italian women from transmitting citizenship, as well as the practical impossibility of timely administrative recognition due to severe consular backlogs. The Court reaffirmed that neither prior administrative filing nor expiration of administrative deadlines is a prerequisite for judicial protection.
Action:
The legal team demonstrated uninterrupted descent through certified, translated, and apostilled records, including proof that the Italian ancestress never lost her citizenship. Relying on Constitutional Court rulings and Supreme Court Joint Sections decisions (2009 and 2022), counsel established that citizenship by descent is permanent, imprescriptible, and transmissible through the maternal line, even when the relevant births occurred before the Constitution entered into force. The Court accepted the evidence and ordered recognition.
For the privacy of our clients, all names are fictional, and any identifying details in the judgements have been obscured.