Although in Italy the judgments issued by the Ordinary Court do not create precedents that bind the Judge to comply with, however they make a jurisprudential orientation that can not be ignored, especially when these judgments are the bearers of the application of a principle recognized by Italian law like equality between man and woman.
Regarding the 1948 rule, this is leading to an expansion of the cases to which this rule can be applied. Let’s see some judgment issued by the Italian Court.
In 2016 it was issued a judgment that declared that Italian citizenship can be transmitted through female line also to the descendant who had emigrated from Italian territories (ex Austro-Hungarian Empire) before 16th July 1920 and had claimed the citizenship according to Italian Law n.379/2000.
Recently, Italian citizenship has been recognized to the descendant of a woman who had married a foreign citizen before the 1912’s Citizenship Law came into force.
Another judgment recognized Italian citizenship through the female line to the descendants of a minor son born in Italy, whose father had become a national of a foreign country.
If your citizenship case is similar to these, ask our evaluation to confirm your chance to claim the Italian citizenship challenging the Italian Court. This initial check is free of charge.
ItalianPapers can assist you in the whole process in Court until you obtain the Italian passport.
Avv. Paola Caputi