Introduction:
In a recent ruling, the Court of Messina confirmed the Italian citizenship jure sanguinis of a family of American-born applicants descending from an Italian ancestor who emigrated to the United States. The case was heard before the Specialized Section for Immigration and Citizenship, which found that the applicants had demonstrated full genealogical continuity linking them to their Italian ancestor
Outcome:
The Court declared the applicants to be Italian citizens by birth and ordered the Ministry of the Interior, through the competent Civil Status Officer, to complete all necessary registrations, transcriptions, and communications to the relevant consular authorities. Legal costs were fully offset between the parties, as the Ministry did not oppose the claim.
Challenge:
The applicants faced the long-standing legal obstacle concerning citizenship transmission through the maternal line prior to 1948 — a limitation rooted in outdated provisions of Law No. 555/1912. The Court examined the issue in light of the Constitutional Court’s landmark judgments and the principles established by the Italian Supreme Court, reaffirming that citizenship is a permanent and imprescriptible status not extinguished by gender-based discrimination.
Action:
Through precise genealogical documentation, duly translated and legalized, the applicants traced their direct descent from their Italian ancestor. The Court acknowledged that the ancestor never voluntarily lost Italian citizenship, and thus the right jure sanguinis extended uninterruptedly to her descendants.
This decision confirms once again that the judicial path remains the only viable route for recognition in cases involving maternal-line descent prior to 1948 — and strengthens the body of jurisprudence that upholds equality between paternal and maternal lines in citizenship matters.
For the privacy of our clients, all names are fictional, and any identifying details in the judgements have been obscured.