Extracts of judgements
Case law regarding dual Italian citizenship jure sanguinis
Tribunale Ordinario di Roma - Ordinanza del 14 di dicembre 2020 (JURE SANGUINIS RECOGNITION BY JUDICIAL MEANS).- the ordinary court of Rome confirms once again that the application for recognition jure sanguinis by judicial means in Rome may be exercised even before two years have elapsed since the filing of the application for citizenship at the consulate, since "the uncertainty about the definition of the application for recognition of the Italian status civitatis jure sanguinis and the elapsed of an unreasonable period (...) it amounts to a refusal to recognize the right....
Tribunale Ordinario di Roma - Ordinanza del 14 di dicembre 2020 (ITALIAN CITIZENSHIP CAN ONLY BE LOST BY EXPRESS RESIGNATION).- the ordinary court of Rome rejects the objection raised by the Italian Ministry of the Interior in relation to the so-called Great Forced Naturalization (Brazil), since the acquisition of a foreign citizenship does not necessarily imply the loss of the Italian citizenship since there must be voluntary resignation of the Italian citizen to lose it. This jurisprudence benefits all those Brazilians of Italian origin whose ascendants were forced to accept, by an imposition of Brazilian authorities, the loss of their Italian citizenship.
Sentenza Cassazione (Italian Supreme Court) 4466 del 25 di febbraio del 2009 (ITALIAN CITIZENSHIP JURE SANGUINIS BY FEMALE ASCENDANT).- the Italian Court of Cassation (Italian Supreme Court) identified two requirements necessary for the effects of the unconstitutionality ruling to be applied also before 1 January 1948. In the first place, the effects of the rule declared unconstitutional should have affected a situation already existing on 1 January 1948, which undoubtedly happens when an Italian citizen has not been able to transmit Italian citizenship to her children and such a situation has had an impact on the subjective right of those to the recognition of the status of Italian citizen iure sanguinis. The rights relating to civil status, in primis the right to citizenship, are absolutely imprescriptible and can therefore be subject to judicial protection without limitations in time. This revolutionary judgment of the Court of Cassation of 2009 has been successively confirmed by other decisions of the same Court, and definitively opened the doors of Italian citizenship for thousands of citizens children – and many times – grandchildren and great-grandchildren of first-generation Italian citizens – that is, emigrated directly from Italy – or, much more often, of Italian citizens born to an emigrated Italian national and of local citizens.
Sentenza TAR Roma n. 4826 del 30 maggio 2011 (CHALLENGE TO APPOINTMENT GIVEN IN 6 YEARS).- the TAR (Regional Administrative Court of Rome) pronounces judgment against an appointment to initiate the procedure of recognition jure sanguinis granted 6 years from the day of the application by a South American Consulate. It obliges by judgment to said Consulate to grant the appointment within a maximum period of 90 days.
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