Italian citizenship is a topic that resonates deeply with millions of people worldwide. Whether driven by practical benefits or a desire to connect with their heritage, individuals seek clarity on the eligibility criteria and the process. The 1948 female line rule plays a pivotal role in this context. In this essay, we’ll explore the myths and realities surrounding Italian citizenship by descent, shedding light on common misconceptions.
The 1948 rule explained
The 1948 rule has its roots in Italy’s historical context.
Previously, Italian women were unable to independently pass on citizenship to their children. Citizenship followed a strict patrilineal system, where it could only be inherited through the male line.
However, in 1983, the Consiglio di Stato (Council of State) brought about a significant change by granting equal rights to women. Consequently, children born to Italian mothers after January 1st, 1948, gained the right to claim Italian dual citizenship.
Interestingly, in 2009, the Italian Court of Cassation further extended this right to Italian citizenship, allowing children born before January 1st, 1948, to seek citizenship through the courts.
However, on May 20, 2025, the Chamber of Deputies approved Decree-Law No. 36/2025, now law No. 74 of May 23, 2025, with 137 votes in favor and 83 against, finalizing the proposal introduced in March by the coalition led by Giorgia Meloni, which was previously passed by the Senate on May 15.
This new legislation modifies the Citizenship Law. With these changes, jus sanguinis recognition—or citizenship by descent—is now limited to only the second generation born outside Italy.
Among other concerns, Decree-Law 36/2025 retroactively revoked eligibility for individuals who had not applied by March 27, 2025, despite previously meeting legal requirements. Legal experts argue that this contradicts Article 25 of the Italian Constitution, which prohibits retroactive restrictions on personal rights, and conflicts with judicial precedent set by Italy’s Constitutional Court and the European Court of Human Rights.
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Eligibility criteria
Who qualifies under the 1948 rule? If an individual’s Italian mother or grandmother gave birth to the next descendant before January 1st, 1948, they will fall under the 1948 rule.
Other common myths and misconceptions about 1948 cases
Let’s debunk some prevalent myths:
Myth 1: Female ancestry disqualifies you
Reality: having a female ancestor does not hinder eligibility. The 1948 rule explicitly includes children of Italian mothers.
Myth 2: Residing in Italy is mandatory
Reality: while living in Italy isn’t required, applicants must navigate Italian bureaucracy. Professional assistance streamlines the process.
Myth 3: One-size-fits-all process
Reality: each case is unique. Factors like documentation, regional variations, and legal nuances impact the process.
Myth 4: A negative decision is final
Reality: if denied, applicants can appeal or reapply with stronger evidence.
Myth 5: Quick and simple process
Reality: patience is key. The process takes time, involving paperwork, documentation search and translations.
Benefits of dual citizenship
Dual citizenship offers practical advantages. These include visa-free travel within the European Union, access to Italian healthcare, and employment opportunities in Italy. Beyond the practicalities, dual citizenship allows individuals to embrace their cultural roots, fostering a sense of identity and belonging.
Exploring the benefits of Italian citizenship.
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Navigating the 1948 italian citizenship process
Important: As of June 2025, the judicial route is the only available option for obtaining Italian citizenship. While all administrative applications will be centralized within a new governmental body in Italy, the specific procedures and operational framework have yet to be determined.
In 1948 cases, the only possible way to obtain Italian citizenship is through the judicial route. Here, you can legally claim your right by recovering your ancestor’s citizenship. In these situations, you must work with a lawyer or hire a specialized consultancy.
Recent legal changes may face challenges in court, but the outcome of these disputes remains uncertain.
Learn more about how to apply for your Italian citizenship in 1948 cases.
If you need assistance in finding your Italian citizenship, contact us now. Our specialists are ready to guide you through the entire process.
