Before 1983, Italian citizenship was traditionally passed down through the paternal line, as dictated by the 1912 law (no. 555). This law did not recognize the transmission of citizenship through mothers. The Italian Constitutional Court addressed this subject in 1983, ruling that the provision was unconstitutional and affirming that children could inherit Italian citizenship from either parent. Subsequently, law no. 123/983 was enacted, granting equal citizenship rights to women and establishing that children inherit Italian citizenship from both parents.
However, this legal advancement did not retroactively apply to those born to Italian mothers before 1983. The Consiglio di Stato clarified that the principle of equality in citizenship rights only applies to children born after January 1, 1948, the date when the Italian Constitution came into effect. As a result, Italian consulates and city halls only process citizenship applications for individuals born to an Italian mother after this date. Those born before are left to seek judicial recourse under what is now known as the 1948 rule.
Who’s got the right to Italian citizenship by the 1948 rule?
For individuals seeking Italian citizenship through administrative means, a male-dominated Italian lineage is required. If the lineage involves a female ancestor, her child must have been born after January 1, 1948, to qualify for administrative application. Conversely, if her child was born before 1948, the case falls under the ‘1948 rule,’ necessitating legal action through the Italian courts with an attorney’s aid to claim citizenship. For example, if your grandmother was born in Italy in 1920 and emigrated to the US without naturalizing, and your father was born after 1948, you can apply administratively. However, if your father was born before 1948, you may need to seek judicial assistance.
What’s the route for obtaining Italian citizenship through the 1948 rule?
Claiming Italian citizenship under the 1948 rule requires engaging with the Italian judicial system. Applicants must present their case before a court to obtain recognition of their citizenship rights, as administrative routes are closed for those affected by the 1948 rule. If you choose to hire io.citizen’s assistance, you will be represented by a lawyer who specializes in Italian citizenship.
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What are the necessary documents for applying for Italian citizenship through the 1948 rule?
To apply for Italian citizenship under the 1948 rule, claimants need a comprehensive set of documents. These include birth certificates of all relevant ancestors and descendants, marriage, divorce and death certificates where applicable, and evidence that no ancestor renounced their Italian citizenship through naturalization elsewhere. Every document must be translated and authenticated with an apostille.
