Introduction:
In this case, the Court of L'Aquila examined an application filed by several U.S. descendants seeking recognition of Italian citizenship by descent from an Italian-born ancestress who emigrated to the United States. The applicants reconstructed the family line through official civil-status documentation, demonstrating both their direct descent and the continuity of citizenship transmission. The Ministry of the Interior, although duly served, did not appear in the proceedings. Because the petition had been filed before 27 March 2025, the Court applied the legal framework in force before the amendments introduced by Decree-Law No. 36/2025.
Outcome:
The Court granted the application and declared the petitioners entitled to recognition of Italian citizenship jure sanguinis. It ordered the Ministry of the Interior, through the competent Civil Status Registrar, to carry out all registrations, transcriptions and annotations required by law, including the necessary communications to the competent consular authorities. Litigation costs were declared non-recoverable.
Challenge:
The Court first examined whether the applicants had demonstrated the two essential requirements for recognition of citizenship by descent: proof of direct descent from an Italian citizen and continuity in the transmission of citizenship. A key issue concerned the ancestor's naturalization as a U.S. citizen. The documentary evidence showed that the naturalization occurred only after her daughter had already reached the age of majority. The Court therefore concluded that the acquisition of foreign citizenship could not affect a transmission of Italian citizenship that had already been completed. It also observed that the daughter had acquired U.S. citizenship solely by birth under the principle of jus soli, not through any voluntary act capable of interrupting the citizenship chain. The Court further addressed the fact that citizenship had been transmitted through a female ancestor before 1 January 1948. Relying on the Constitutional Court and the Joint Sections of the Supreme Court, it reaffirmed that the discriminatory provisions of Law No. 555 of 1912 can no longer prevent recognition of citizenship through the maternal line.
Action:
After reviewing the documentary evidence, the Court found that the applicants had fully established their line of descent and that no interrupting event had occurred before citizenship was transmitted to the next generation. It reiterated that citizenship acquired jure sanguinis is a permanent and imprescriptible status, and that the burden of proving any interruption rests with the State. Since the ancestor’s naturalization occurred only after the relevant transmission had already taken place, and no renunciation of Italian citizenship was established, the Court concluded that all legal requirements had been satisfied and recognized the applicants as Italian citizens from birth.
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