Introduction:
The Court of Rome examined a petition filed by a U.S. citizen seeking recognition of Italian citizenship by descent through a female ancestor born in Italy in the late 19th century. The Ministry of the Interior entered an appearance but did not contest the substantive right, raising only procedural objections which were ultimately dismissed. The case evolved within the broader legal framework regarding the unconstitutionality of historical rules that had prevented women from transmitting citizenship prior to 1 January 1948. The Court, relying on established Constitutional Court and Supreme Court case law, affirmed the continued validity and enforceability of the ius sanguinis principle.
Outcome:
The Court of Rome fully upheld the petition, recognizing the applicant as an Italian citizen jure sanguinis and instructing the Ministry of the Interior, together with the competent Civil Status Registrar, to proceed with all required registrations, transcriptions, and annotations necessary to formalize the citizenship status. The Court also directed that the appropriate communications be sent to the consular authorities. Given the particular nature of the matter and the absence of a substantive opposition, it ordered that legal costs be entirely offset between the parties.
Challenge:
The case revolved around a maternal line of descent affected by discriminatory legislation in force before 1948. Under the former Law no. 555/1912, women could not pass citizenship to their children if the birth occurred before the Republican Constitution. The Ministry initially raised procedural concerns relating to documentation, reflecting the common administrative delays and complexities inherent in jure sanguinis cases. The central challenge was demonstrating continuity of citizenship transmission despite historical legal barriers that were later declared unconstitutional.
Action:
The applicant filed a petition under Article 281-decies of the Italian Code of Civil Procedure, providing complete documentation proving the direct line of descent from the Italian-born ancestor. After reviewing the submitted evidence and applying the established constitutional and jurisprudential principles that removed the pre-1948 discriminatory rules, the Court concluded that the applicant’s citizenship must be recognized from birth according to the ius sanguinis principle.
For the privacy of our clients, all names are fictional, and any identifying details in the judgements have been obscured.