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Italian Citizenship by Iure Sanguinis: new interpretative guidelines

The Italian Supreme Court has provided clarification regarding the recognition of Italian citizenship by descent.

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The Italian Court of Cassation recently provided new interpretative guidelines in the area of the recognition of Italian citizenship by Iure Sanguinis. These clarifications are contained in the Ministry of the Interior’s Circular No. 43347 of October 3, 2024.

For more information on the Iure Sanguinis principle read our articles on recognizing Italian citizenship by birth and recognizing Italian citizenship by descent.

Law No. 555 of 1912

First, the circular provides clarification on the relationship between Article 7 and Article 12 of Law No. 555 of 1912. While Article 7 states that:

“subject to special provisions to be stipulated by international treaties, Italian citizens born and resident in a foreign State, from which they are considered citizens by birth, retain Italian citizenship, but may renounce it, once they become of age or emancipated.”

Article 12(2) of the same law provides as follows:

“the unemancipated minor children of persons who lose their citizenship shall become foreigners, when they share their residence with the parent exercising parental authority or legal guardianship, and acquire the citizenship of a foreign State. However, the provisions of Articles 3 and 9 will be applicable to them.”

Clarifications from the Court of Cassation

Interruption of lineage

Regarding the relationship between these two articles, the Court of Cassation clarifies that:

“children of Italian citizens born abroad could simultaneously acquire Italian citizenship iure sanguinis and the citizenship of the place of birth iure soli, and in that case they were entitled to retain dual citizenship, remaining to all intents and purposes Italian citizens, unless – in the course of their minor age – their cohabiting father lost Italian citizenship […].”

In this case, the line of descent is to be considered interrupted unless the ascendant in question has regained citizenship upon reaching the age of majority.

Accordingly, in the case of a voluntary acquisition of foreign citizenship by the ancestor, it must be ascertained, through the naturalization document, whether the naturalization occurred while the descendant was still a minor (and no longer only prior to the descendant’s own birth).

In the case of reacquisition of Italian citizenship under Articles 3 or 9 of Law No. 555/1912, the applicant must produce proof of this and it must be verified that this reacquisition by the ascendant occurred before the birth of their descendants in the direct line.

Effective date of acquisition of citizenship

Second, the circular provides clarification regarding the effective date of acquisition of citizenship by those who have been recognized by an Italian citizen or whose filiation has been judicially declared in the course of their majority.

Specifically, the Court of Cassation’s judgment No. 5518/2024 establishes the equal status of children recognized at the time of birth and those who become so after reaching the age of majority. In the latter case, the acquisition of Italian citizenship must be considered retroactive to birth, so as to affect any descendants.

Continuous possession of child status

Finally, the circular sheds light on the concept of continuous possession of child status.

In judgment No. 14194 of May 22, 2024, the Supreme Court affirmed that if it is not possible for the applicant to produce the birth certificate of the Italian ancestor,

“posthumous recognition, made in the marriage act, is in itself foundational to the continuous possession of child status and suitable for proving paternity and the consequent transmission of Italian citizenship.”

Thus, the Court of Cassation has established the possibility of making up for the lack of a birth certificate through the marriage certificate. However, the Ministry of the Interior clarifies that the application of this provision does not appear to be extendable to administrative proceedings for the recognition of citizenship since this principle can only be invoked in the courts.

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Regulatory Framework

Law No. 555/1912

Reference (Italian only)

Circular 43347 of October 3, 2024

Reference (Italian only)

Judgment No. 14194, May 22, 2024

Reference (Italian only)

Types of Italian Citizenship

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