Are you a 1948 case eligible for Italian Citizenship? See how it works

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A 1948 case is a case where you have , in you ancestry line, you an Italian female ancestor who gave birth to the next in line ancestor before 1948.

Example:

Your great grandfather Pietro emigrated from Italy to the US in the 1920. Pietro gave birth to Maria, your grandmother, in 1924 and then naturalized (i.e. became US citizen) in 1928. Maria got married in 1944 and , the same year, gave birth to your mother Anne.

If this is you case , the path to claim italian citizenship can be overwhelming and confusing.
Let’s find out together why.
At the time of our example, the applicable italian law on citizenship is the 1912 Law, which basically says the an Italian citizen will pass on their citizenship to their son, unless they are women married to a non Italian. In other words and in practical terms, only men could transfer Italian citizenship, while women were discriminated in doing so.

However, this unjust situation started to change with the introduction of the Italian Constitution on 1st January 1948, when women were given equal rights as men.
This constitution resulted in several changes to Italy’s laws, including its citizenship ones .
Therefore, since January 1st, 1948, date of indroduction of the Italian Contitution, Italian women can transmit Citizenship to their children but only to the children born after that date.
This has led to many discussions and controversies regarding dual citizenship for this category of descendants, for many years.
Italian Dual Citizenship Applicants Begin to Challenge in Italian Courts
Applicants who cite an Italian female ancestor giving birth before 1948 as the basis for their citizenship application will face rejection from Italian consulates. However, there have been numerous cases where applicants have challenged this rejection in court and have obtained the citizenship due to a broader interpretation of laws and human rights.
This change in jurisprudence started In 2009, when a citizenship applicant challenged this discriminatory situation in court, and the judges ruled that female ancestors could pass on the citizenship to their children retroactively to the date of the 1948 Constitution. Italian legal precedents are quite clear, and this rule has been applied in many cases since then.
Applying for Italian Citizenship, with a 1948 case
So If you fall under the 1948 Rule, you should not to apply at the Italian Consulate, as your application will be denied.
Instead, for getting the Citizenship through your grandmother line, you need to submit your application to an Italian Court.
There are no alternative methods available for this process. The appropriate channel for applying for Citizenship in such case is through the Court and through the court only.
The Italian Court in Rome
Until 2022, the Court of Rome served as the competent authority for individuals residing abroad. Therefore, to pursue Italian Dual Citizenship, it was necessary to apply at the Court in Rome.
However, after June 2022, the applications will be processed through the new local Immigration Courts.
Indeed a new law has come into effect as of June 2022, which applies to 1948 cases of Citizenship, as well as all other Citizenship applications processed through the Italian Tribunal. For the 1948 cases, you can now apply through the local Immigration Court based on the birth municipality of your Italian ancestor.
According to the new rule, when the plaintiff resides abroad, disputes regarding the ascertainment of Italian Citizenship status will be assigned based on the municipality of birth of the father, mother, or ancestor of Italian citizens.
As a result, the traditional route of applying through the Court of Rome for Citizenship will no longer be applicable for all cases. This change may also offer potential benefits to new applicants, as the processing time is expected to be shorter compared to previous procedures through the court of rome.
This is particularly relevant given the current closure of most Italian Consulates, making it impossible to secure appointments for Citizenship.
The popularity of Citizenship cases falling under the 1948 provision has been increasing.
Risks of applications via Italian Courts
Even though application through the Italian Courts have in most cases a positive outcome (e.g. the italian citizenship is recognised) the 100% success rate cannot be guaranteed by anyone, because each case is always different from the other and because in the Italian judicial system the judge is always free to interpret the law as he deems reasonable.
This of course may lead to possibly surprising rulings. A minority of judges from the court of Rome, for example, rejected some cases where...

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