Introduction:
The petitioners, descendants of an Italian ancestor who emigrated to the United States, filed a claim before the Court of Campobasso seeking recognition of Italian citizenship by descent (jure sanguinis). The case raised two key legal issues: the transmission of citizenship through the maternal line prior to the 1948 Constitution and whether the ancestor’s naturalization occurred while the descendant was still a minor (minor age issue).
Outcome:
May 29, 2025: Victory in court. Our clients were officially recognized as Italian citizens, despite the State claiming “minor age” issues and providing no proof of naturalization. The Court made it clear: the burden of proof is on the State, not the petitioner. It also ordered the State to reimburse the petitioners' legal costs. This precedent is a game-changer, strengthening every current and future “minor age” petition.
Challenge:
The Ministry raised several objections: lack of legal standing, failure to initiate administrative proceedings, the non-retroactivity of constitutional rulings, and invoked the new Decree-Law No. 36/2025 as grounds to deny the claim.
Action:
The Court rejected all objections, citing precedents from the Constitutional Court and Supreme Court (notably rulings No. 30/1983, 87/1975, 4466/2009, and 25317/2022). The petitioners provided complete documentation of their lineage. The Court reaffirmed that citizenship, even through a maternal line before 1948, is imprescriptible and may be asserted at any time.
For the privacy of our clients, all names are fictional, and any identifying details in the judgements have been obscured.