Introduction:
A U.S. citizen, descendant of an Italian woman who had emigrated prior to the 1948 Constitution, filed a petition before the Court of Campobasso. The claim aimed to restore citizenship loss under discriminatory laws which denied maternal transmission of nationality.
Outcome:
On March 6, 2025, the Court ruled in favor of the petitioner, declaring her an Italian citizen by descent. The Ministry of the Interior failed to appear, and the judge ordered the registration of her status in the vital records office, with full compensation of legal costs due to the Ministry’s default.
Challenge:
Although the documentation submitted lacked formal marriage certificates, the petitioner successfully reconstructed the lineage through birth records. The case required navigating the historical exclusion of women from passing on citizenship and countering the presumption of loss due to marriage to a foreign national under Law No. 555/1912.
Action:
The Court recognized the legitimacy of judicial claims even in the absence of administrative action, emphasizing that citizenship is a permanent, inalienable right. It reaffirmed the principles established in Constitutional Court ruling No. 30/1983 and Supreme Court judgment No. 4466/2009, allowing restoration of citizenship through maternal lines and retroactive claims for those born before 1948.
For the privacy of our clients, all names are fictional, and any identifying details in the judgements have been obscured.