Introduction:
In a recent ruling, the Court of Trieste examined a petition filed by U.S. applicants seeking recognition of Italian citizenship by descent from an Italian ancestor born in the Province of Udine who later emigrated to the United States. The applicants demonstrated their genealogical link through official documentation, proving uninterrupted descent from the Italian ancestor who never renounced Italian citizenship. The proceedings were brought before the Specialized Section on Immigration, which confirmed its jurisdiction based on the place of birth of the Italian ancestor.
Outcome:
The Court upheld the claim and declared that the applicants are Italian citizens jure sanguinis. It ordered the Ministry of the Interior, through the competent Civil Status Registrar, to carry out all required registrations, transcriptions, and annotations in the civil status registers and to notify the relevant consular authorities. Legal costs were offset between the parties.
Challenge:
The case addressed several key legal issues, including jurisdiction for applicants residing abroad and the admissibility of judicial actions without prior administrative applications. The Court clarified that submitting an administrative request is not a prerequisite for filing a judicial claim, particularly where excessive consular delays effectively prevent recognition of a fundamental right such as citizenship. It also reaffirmed that the burden of proving any interruption in citizenship transmission lies with the State, not the applicants.
Action:
Through civil registry records and genealogical documentation, the applicants demonstrated uninterrupted descent from their Italian ancestor. The Court confirmed that citizenship, once acquired by descent, is permanent and can only be lost through voluntary renunciation. It further recognized that citizenship may be transmitted through the maternal line, including for descendants born before 1948, in line with Constitutional Court and Supreme Court jurisprudence.
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