1948 CASES & SPECIAL CIRCUMSTANCES
QUALIFYING FOR DUAL CITIZENSHIP UNDER THE 1948 RULE WITH A COURT CASE
Courts Impose Changes To Law, Making It Easier To Become An Italian Dual Citizen
According to the Italian Citizenship law of 1912, men were the only ones allowed to pass down Italian citizenship to their children (whether they were born in or out of the country). Children born to Italian men were automatically granted Italian citizenship.
This law did not apply to women, which meant children born to Italian women were not considered Italian citizens. Changes were made to the Italian constitution, and now Italian citizenship is granted of an Italian man or woman’s descendant born after January 1, 1948. These court cases are often referred to as a 1948 case or 1948 rule and have become very popular in recent years as they now have allowed an entire category of people the ability to apply for Italian citizenship by descent and receive all the benefits they previously could not.
At that time, citizenship applications where the ancestor is an Italian-born female and a child was born before 1948 were denied. Italian women who marry non-Italian men before 1948 were discriminated against as well, losing their rights to citizenship due to their marriage.
2009 Law Change Alters How To Become An Italian Citizen
2009 ushered in a new law change that has affected how Italian citizenship is granted. Each of the prior situations were recently tried in court as being unfair and discriminatory towards women. Any applicant seeking Italian dual citizenship that fell under one of these situations can now apply for Italian citizenship and potentially be approved. Since the 2009 precedent was set, many applicants have now been approved for Italian dual citizenship. These changes have made the process of becoming an Italian citizen much more clear for people who fall under a 1948 case through a maternal ancestor.
The legal precedents stipulated that the 1948 Italian constitution’s principles such as gender equality must be applied retroactively. This includes events that took place before the Italian constitution was issued. Courts stated female ancestors passed their Italian citizenship onto their birth children so long as they didn’t freely naturalize before the birth. The courts also stated women were still Italian citizens despite marrying a man who wasn’t Italian and could therefore pass on their citizenship benefits as well..
The Office of the Ministry of Interior was a counterpart in the lawsuit, and lawsuits of this type must be filed before the Civil Court of Rome. There are several reasons in which attaining Italian citizenship by descent or Italian citizenship by marriage is likely to be approved by Italy’s courts:
Although there have been a significant number of positive court outcomes, it’s not guaranteed that bringing a lawsuit will give you the result you want. Each court has the power to rule as it chooses at any time and you still must meet the requirements for dual citizenship. However, in most cases, Italian courts will follow the widely accepted ruling in previous 1948 cases.
Understanding 1948 Cases and How They Apply to Your Ability to Get Italian Dual Citizenship
The year 1948 is incredibly significant in Italian history. Prior to this time, Italian citizenship was a biased against women and only men could pass down citizenship. With the passage of a new law, it granted all women civil rights which included the right to vote as well as to pass Italian citizenship along to their children.
Should your case allow you the right to apply for citizenship through administrative means, or the traditional way, then you must have Italian lineage that is made up of men. If your lineage is connected via a woman, her child needs to have been born after the date of January 1, 1948. If her child is born before 1948, you will likely fall under what is called a 1948 case and will need to proceed through the Italian judicial system with the assistance of our Italian attorney to obtain Italian citizenship.
According to Italian law, no man or woman born to an Italian woman before 1948 can inherit the right to citizenship in Italy. All children that were born after this date are entitled to Italian citizenship from their mother’s side. Anyone before 1948 must pursue their law of blood case with the assistance of an Italian attorney.
Let’s examine example cases that illustrate what can happen in both of those scenarios:
Additionally, the original 1912 citizenship law could only be transferred from a father to his children. There was no ability to use ‘jure sanguinis’ which is right of blood because women during these times did not have the same rights as men.
In this situation, you would want to claim Italian citizenship judicially. Judges in most cases tend to rule in favor for those wishing to become Italian citizens by way of a female ancestor that had a child before 1948. This as became very common and we will assess your case free of charge to identify your chance of success getting Italian citizenship.
For the latter of the previous two scenarios, it’s helpful to analyze what could come about in those trial cases to get Italian citizenship through a female ancestor with success.
A Look At Recent Court Cases
As qualifying under a 1948 rule and filing a 1948 case is a court case in Rome, it is necessary to hire a lawyer to represent you in Italy’s Courts even if your case involves a citizenship request where the descendant is a male. If you have not heard from the Italian Consulate about your application within 730 days, you can request a hearing in the Civil Court of Rome to attain immediate Italian citizenship and receive Italian citizenship benefits.
You can also start the legal process in Italy, going before the Civil Court of Rome and use the gathered evidence of citizenship to make your request. This is especially true if the consulate has your appointment scheduled for a date after 730 days. The judge will schedule a hearing for your case and will make a ruling instead of the consulate.
In cases such as these, the Civil Court of Rome will be the one to handle the request, and there have been many judgments ruled in Petitioners’ favors. People who fall under this 1948 rule can now potentially qualify and obtain Italian citizenship with the proper assistance.
The only time you should go before the Administrative Courts of Italy is when you feel your application for becoming an Italian citizen has been unfairly denied.
If you are unsure if you meet the requirements for Italian Dual Citizenship, contact one of our IDC professionals at (213) 277-8705. We are happy to review the 1948 case Italian citizenship cost and fees with a free preliminary assessment of your case to confirm your eligibility.
This page was last updated with the help of Marco Permunian
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