Introduction:
In a recent judgment delivered by the Court of Campobasso, descendants of an Italian woman born in Guglionesi (Province of Campobasso) obtained recognition of their Italian citizenship jure sanguinis. The Court upheld that the line of transmission of citizenship may validly pass through the maternal branch, aligning with constitutional principles and the rulings of Italy’s highest courts.
Outcome:
The Court officially declared that the applicants are Italian citizens and ordered the Ministry of the Interior and the competent Registrar of Civil Status to proceed with all necessary registrations and notifications to the relevant consular authorities. Legal costs were fully compensated between the parties, underscoring the straightforward and uncontested nature of the case
Challenge:
The plaintiffs faced the complex issue of maternal transmission before 1948, a legal barrier that had historically prevented many descendants from women who emigrated from Italy from obtaining recognition. The Court analyzed this within the context of previous constitutional and supreme court rulings that had abolished the gender-based inequality once embedded in Italian citizenship law.
Action:
By providing thorough documentary evidence tracing their lineage to an Italian ancestor and demonstrating uninterrupted citizenship transmission, the plaintiffs successfully proved their right jure sanguinis. The judgment reinforces the jurisprudence supporting equal treatment between paternal and maternal lines, representing another important win for families of Italian descent pursuing recognition of their citizenship through the Courts.
For the privacy of our clients, all names are fictional, and any identifying details in the judgements have been obscured.