Introduction:
A Canadian citizen, accompanied by his minor daughter, brought a claim before the Court of Bari to obtain recognition of their status as Italian citizens by descent. With an Italian ancestor who had never renounced his nationality, the petitioners invoked their right to citizenship iure sanguinis, challenging the prolonged inertia of the Public Administration.
Outcome:
On May 7, 2025, the Court of Bari granted the petition, recognizing both applicants as Italian citizens from birth. The Court ordered the Ministry of the Interior and the competent Civil registry Office to register their citizenship and proceed with the required communications to consular authorities.
Challenge:
The main obstacle lies in the historical injustice caused by pre-1948 laws that discriminated against maternal transmission of citizenship, and in the administrative silence that forced the applicants to turn to the judiciary. While the Ministry did not object to the petition, it had failed to respond in a timely manner, leaving the applicants without recourse until judicial intervention.
Action:
The petitioners submitted comprehensive apostilled and translated documentation establishing a continuous bloodline from the Italian ancestor. The Court cited Constitutional Court rulings (Nos. 87/1975 and 30/1983) and Supreme Court precedent (Cass. SS.UU. No. 4466/2009), affirming that Italian citizenship is a permanent, imprescriptible status, unaffected by gender-based discrimination or administrative delays.
For the privacy of our clients, all names are fictional, and any identifying details in the judgements have been obscured.