Italian Citizenship Jure Sanguinis Beating The 1948 Rule
Video Interview with Alessandra Galligani about the Judicial Process of a 1948 Jure Sanguinis Italian Citizenship Case.
Understanding your eligibility for having your Italian citizenship jure sanguinis recognized can be confusing. One of the 5 Key criteria is the 1948 rule. In a nutshell, the 1948 rule for Italian citizenship states that a woman can not pass on her citizenship to her descendants born before January 1, 1948. This means that it is not possible to present an application to the Italian consulates using the normal administrative procedure. I interviewed Alessandra Galligani of the GL Italian Lawyers to shed some light on how this is unconstitutional. Watch the video below.
TELL US A LITTLE ABOUT YOURSELF, YOUR OFFICES, AND YOUR STAFF.
I have been working in the law field since 2001, and my area of expertise is Italian citizenship law. I am a member of the Milan Bar Association and my office is based in Milan. I have been working together with my partner Donatella Lenoci since 2009 years now. Donatella is also a member of the Milan Bar Association and exclusively practices Italian Citizenship Law. The two of us work together focusing on our clients individual needs on their road to being recognized as Italian citizens. We also have an amazing team of interns and assistants working with us to best serve our clients.
HOW LONG HAVE YOU BEEN WORKING WITH 1948 CASES AND WHAT IS YOUR SUCCESS RATE?
Personally, I have been managing Italian citizenship cases, specifically 1948 cases, since 2006 with a success rate of more than 90%.
CAN YOU EXPLAIN THE 1948 RULING?
According to the Italian Citizenship Law established in 1912, only men are allowed to transfer Italian citizenship to their children, while women could only hold citizenship without the legal right to pass it on to their children.
In 1948, the Italian Constitution was established and introduced the principle of equality between men and women. For the first time in the history of Italy, gender discrimination was abolished. So, according to a 1983 ruling on the matter, it was determined unconstitutional to prohibit women from passing their Italian citizenship to their descendants.
Today, Italian woman born on or after January 1,1948 are eligible to have their Italian citizenship recognized and pass it on to their offspring.
However, descendants of a woman born before January 1,1948 are prevented from applying for Italian citizenship. Today, the only way for a descendant born to an Italian woman before January, 1 1948, to obtain Italian citizenship, is to file a motion with the Italian courts to appeal the “1948 Rule” based on the 2009 Italian Supreme court decision.
To sum up, If you are applying for Italian citizenship via jure sanguinis or blood right and your blood line includes a woman who was born before January 1st 1948 and a child in her line was also born before 1948 you have to appeal the 1948 ruling with the Italian courts by means of an Italian board certified Attorney.
WHAT IS THE SIGNIFICANCE OF THE 2009 RULING FROM THE ITALIAN SUPREME COURT?
In 2009, a new decision by the Italian Supreme Courts stated that a woman who lost her Italian citizenship, without an expression of her will, due to marriage to a foreigner even if it happened before January, 1st 1948 was unconstitutional.
Women were only allowed to transmit their Italian Citizenship in restricted cases. In particular, pursuant to Law no. 555/1912, article 1, Italian citizenship would have been passed on by a woman only if:
The father had been unknown; the father had not been an Italian citizen, or he had the citizenship of a foreign country; the child had not been allowed to acquire his/her father’s citizenship according to the law of the foreign country the father belonged.
For the same reason, a descendant born to a woman who lost her citizenship because of marriage, must be considered as an Italian citizen since he/she would have been entitled to it if it had not been for the discriminatory 1912 rule.
Even though this ruling by the Italian Supreme Court has been legally recognized, the Italian Parliament has not amended the law yet, and the Ministry of Interior still does not adhere to this line of thought.
Consequently, the descendants of an Italian woman who were born before January, 1st 1948 must obtain their recognition of the Italian citizenship through the Italian legal system.
Fortunately, the Italian courts are consistently upholding the 2009 ruling which means that a descendant of an Italian woman born before January 1,1948, has a very high chance of being recognized as an Italian citizen. This applies to all descendants, regardless of the number of generations.
WHAT IS THE PROCESS WHEN A 1948 APPEAL IS TAKEN TO THE ITALIAN COURTS?
The process begins with retaining an attorney who is admitted to an Italian bar association. Once you have secured the services of an attorney, you must provide them with a detailed reconstruction of your family tree and a complete packet of supporting documents proving your Italian lineage. Once the attorney verifies your lineage and completeness of your supporting documents then an initial claim is filed with the court in Rome to declare to the judge that the you are indeed an Italian citizen via iure sanguinis.
WHAT HAPPENS (WHAT IS THE PROCESS) WHEN A 1948 APPEAL IS TAKEN TO THE ITALIAN COURTS?
Once the claim has been submitted, The President of the Court assigns the case to a judge and a hearing is set.
The judge usually makes a final decision after one or two hearings. The length of the process, depends on various factors:
First, The complexity of the judgment, or how many ancestors there are in the genealogical tree and the number of documents that the judge will have to verify;
Secondly, the accuracy of the documents collected: the more documents that are presented that are free of inconsistencies and errors, the lesser the risk of the judge having objections, speeding up the process;
Thirdly, If the Ministry of the Interior appears at the hearing and opposes the acceptance of the petition for recognition of Italian citizenship, the Judge is obliged to weigh the opposition carefully before making a final decision, thus, delaying the process.
Finally, a delay in the process can also occur from unforeseen events in the judicial process ( such as postponed hearings, substitutions of judges, strikes of judicial activity, etc.)
At the end of the process, when the Italian citizenship has been recognized, the decision becomes final if the Ministry does not appeal it.
WHO IS ELIGIBLE TO HAVE THE1948 RULE APPEALED?
Generally speaking, everyone who has a woman in their lineage with a child born before 1948. Of course it is essential to review all documents and other details that are present in the case to determine eligibility.
WHAT LAWYERS ARE ELIGIBLE TO APPEAL THE 1948 RULING IN THE COURT IN ROME?
Only Lawyers registered with an Italian Bar Association are eligible to appeal the 1948 ruling.
CAN YOU EXPLAIN THE PROCESS AND GIVE US SOME KIND OF CHECKLIST?
First and foremost, it is very important to provide the Court with all the documents that confirm that the descendant comes from an Italian ancestor and the citizenship has not been interrupted.
It means that we have to provide all the birth and marriage certificates of all the people involved in the direct bloodline, certificate of naturalization or an evidence of no-naturalization. Finally, the documents regarding the interrupted male line, to prove that we cannot proceed through the regular administrative procedure in having your Italian citizenship recognized.
DOES THE CLIENT NEED TO BE PRESENT IN ITALY AT ANY TIME DURING THE 1948 RULE APPEAL PROCESS?
The presence of the client in Italy is not required, unless the judge makes a specific request. The client is able to either sign a power of attorney in Italy, in front of a lawyer who authenticates the signature, or abroad, It may be signed in the presence of a Notary.
ON AVERAGE, HOW LONG DOES THE PROCESS TAKE?
Once the claim is submitted, the judicial action lasts on average 1 year. Of course the actual length of time varies depending on the 4 factors I previously mentioned.
The next phase of the process is the transcription of your documents in Italy which could take up to 6 months, According to the law, they must be transcribed within 180 days.
WHAT ARE THE COSTS INVOLVED?
The cost for this process cannot be quantified generally as they vary in relation to multiple factors specific to each individual case. Currently, I can say that expenses for the judicial process start at about €850 plus the lawyer fees. The cost of the lawyer depends on the number of descendants and other variable factors on a case by case basis.
You must also consider that the plaintiff has to provide, at their own expense, all of documents proving their Italian descent which must be amended if there are any discrepancies, authenticated or Apostilled and translated. These are all services that Digging up Roots in the Boot can assist you with.
To sum up, the total cost to you, the client, is a combination of the following 5 factors.
First, the judicial fees
Second, the lawyer fees
Third, document and document correction fees
Fourth, authentication or apostille fees
Fifth, translation fees
WHEN APPLYING TO HAVE YOUR ITALIAN CITIZENSHIP VIA JURE SANGUINIS, WHAT OTHER SPECIAL SITUATIONS REQUIRE THE ASSISTANCE OF AN ITALIAN LAWYER?
All situations in which the Public Administration do not recognize the status of being an Italian citizen. Of course, each case has its own particularities that need to be reviewed each time.
Not only is necessary to proceed judicially before the Court of Rome in cases of descent by the maternal line, but also in cases in which the applicant descends from a woman who lost her Italian Citizenship against her will. For example, due to marriage to a foreigner and she had a son or a daughter who was born before January 1st, 1948.
Legal action may be taken also if a problem comes up after submitting the application administratively.
THANK YOU FOR JOINING ME TODAY TO HELP ANSWER QUESTIONS ABOUT THE 1948 RULE.
Thank you very much Laura for allowing me to answer some very important questions regarding the 1948 rule. I hope that this video helps Italian descendants living abroad determine whether they may be eligible to appeal a 1948 in the Italian court in Rome.
Contact Digging up Roots in the Boot if you need help with a 1948 case.
I am so excited that there are many others like myself who are interested in connecting with their Italian heritage. I need to find the best way to get documentation of my grandfather’s life in Gaeta Italy so that I can proceed. Is ancestry.com the best venue?
Angela, you should also try searching via familysearch.org. Also, I sent you an email.
Hello,
My genealogy research indicates that I would qualify for Dual Italian American citizenship through the 1948 petition.
My great grandfather, Giliberto Porreca was born in Toricella Peligna in 1859 and died in New York City in 1912. My great grandmother was Teresa D’Annunzio, who was born in Toricella Peligna in 1865 and died in 1912 in Philadelphia. They married in Toricella Peligna in 1887 and emigrated to Philadelphia, PA, where they gave birth to my grandfather, Charles Joseph Porreca, in 1897.
Charles Joseph Porreca married Elizabeth Fosmire in Rochester, New York, where they gave birth to my father, Charles Gilbert Porreca, in 1925. Charles Gilbert Porreca married Emma Hughes in Buffalo, New York; they gave birth to me in Rochester, New York in 1957.
Giliberto naturalized in Philadelphia prior to the birth of my grandfather, so I would need to pursue dual citizenship via a 1948 petition.
I believe that I can obtain all necessary documentation from the U.S.A. and, possibly, translation, but would need assistance in obtaining documentation from Italy, as well getting those documents certified and submitted to the court in Rome.
Would you please give me a cost estimate for your services?
Grazie,
Mary Jo Porreca
Ciao Mary Jo, Here is a video to watch on the 1948 Rule https://www.youtube.com/watch?v=hUBSYfIrvnM&list=PLYeAcQIX5yUFrC39ft7h1_C1uDCdVWFd_&index=2&t=0s Also, you can contact me here https://digginguprootsintheboot.com/contact/ about your specific case and a personalized quote for services.
Hello,
I have filed a claim in the Civil Court of Rome for citizenship, with a 1948 case, for myself and several family members.
I have heard that there is a website where I can track my case online, but I have been unable to determine where that site is.
Does such a service exist? If so, can someone share the web address with me?
Many thanks in advance!
Don P.
Ciao Don,
Perhaps there are some blogs or online groups where members post updates on the progress of their 1948 cases. To my knowledge, there isn’t an official website for the courts in Rome that publicly updates the progress of individual 1948 cases. I suggest that you communicate directly with your attorney to keep up with the status of your case. Good luck with your case and please feel free to leave a comment and let me know the outcome of your case. A presto!
Hello Laura,
Thank you for your reply! I finally found a way to track our case online, and I thought I would share it with you in case it might be of help to anyone else.
First, I am using it to track a 1948 case through the court system, so I don’t know how it/if it would help anyone else.
The case cannot be tracked on the web. Instead, you must download and install the smartphone app (available on iPhone and Android) called “Giustizia Civile.” From there, you can choose the region of “Lazio”, “Corte di Appello”, “Tribunali Ordinari”, and finally “Roma.” From there, you can choose “Ruolo generale” and enter the case number and year. The app will then show your case progress.
I hope this helps!
Don, Thanks for sharing this information!
Hello
I am trying to obtain dual citizenship with Italy and the US. Do you know if Italian citizenship is passed down to me through the 1948 rule if my grandmother did not become a US citizen until after my mother was born in the US in 1917. Does anyone have any information on this. THe 1948 rule is somewhat difficult to understand. Any info is appreciated. Michelina
Ciao Michele, It sounds like you may a 1948 case which means that you must present a judicial case to the Italian courts in Rome. You can contact me here to send me the specifics for your lineage.https://digginguprootsintheboot.com/contact/
My Italian ancestor is my grandmother Teresa who became a naturalized US citizen in 1941. Her son (my father) was born in the USA in 1922 but was still a minor when his mother Teresa naturalized. Does this timing issue cause a problem for a 1948 case?
Ciao, Emily. It is quite possible that your father acquired derivative US citizenship through your grandmother’s naturalization if he was, in fact, a minor at the time she naturalized. Feel free to contact me at https://digginguprootsintheboot.com/contact/ to discuss the details of your particular case.
Thanks for your reply. I am not concerned with my father’s US citizenship– since he was born in the US he became a citizen independent of the citizenship of his parents. What I am interested in is the status of his Italian citizenship. I understand that since his mother was an Italian citizen at the time of his birth that he acquired Italian citizenship at birth, but the question is: did his mother’s naturalization as a US citizen when he was not yet 21 years old terminate his Italian citizenship? Thank you for the clarification.
Hi Emily,
I don’t know if this helps or not, but I’ll share my experience with you.
My family and I are currently pursuing a 1948 case through the court of Rome. In our case, my mother and all of her siblings were still minors when their Italian mother naturalized as a U.S. citizen. Our lawyers told us that there is one judge who issued a decision in one specific case, declaring that the minor child lost their Italian citizenship when their Italian parent(s) naturalized.
However, our law firm told us that they didn’t think it would necessarily affect our case; I don’t know if there were other circumstances surrounding that other case, but our firm told us not to worry. If you pursue Italian citizenship with a law firm, I’d suggest that you specifically raise the issue with them.
Good luck!
Hi Don,
That’s so interesting that you were not discouraged by your Italian lawyers from following through on your 1948 Rule case because of the “naturalized while children were minors” issue. The Italian lawyer I consulted with (briefly) declined to take my case because he apparently viewed the recent case on point as dispositive and said my 1948 Rule claim was essentially not viable. I’d love to know how yours turns out. Thanks!
Hi Emily,
From what I understand, the court ruling in question only affects children who meet all 3 of these criteria:
(1) The child was born in Italy to Italian parent(s)
(2) The child emigrated with their Italian parent(s) to another country
(3) The Italian parent(s) naturalized before 1992 while the child was still a minor
In that case, the child was a citizen of Italy ONLY at the point when the parent(s) naturalized. As a result, since this happened before 1992, the child automatically naturalized along with their parent(s) and therefore lost their Italian citizenship along with their parent(s).
However, in my case, my mother and all her siblings were born in the U.S., meaning that they were automatically U.S. citizens at birth by “jus solis,” and therefore it was literally impossible for them to “naturalize” as U.S. citizens by any means.
My understanding is that, since your father was born in the U.S. to Italian parent(s), then you should theoretically be able to file a 1948 case.
Our court date is scheduled for July 2022 (2 years from now!!!) but I’ll come back here to let you know what the judge decides.
Ciao Emily,
The Italian law regarding the administrative proceeding expressly states that the naturalization of Italian parents, AFTER the birth of their child born abroad, does not prevent their child from having their Italian citizenship recognized. In judicial proceedings, many judges follow the same principle. However, some judges in the court in Rome have recently denied Italian citizenship in 1948 cases if the Italian woman naturalized when her child born abroad was still a minor. Each case is different, and it is not possible to predetermine the judge’s decision. In the end, it is the applicant’s decision to move forward with a judicial case like this.
Contact Alessandra Galligani if you are interested in being represented by an Italian attorney for a 1948 case. a.galligani@glitalianlawyers.com
Hi LauraLee,
Thanks for your response—it helps reconcile the differing legal viewpoints on the “parent naturalized prior to child reaching age of majority” issue for a 1948 proceeding. Also, thank you for the contact information for Atty Galligani.
Emily
I can’t help but to notice; it has been 11 years since the first case challenging the 1948 law, yet it is still not codified into law. This is yet furthering the discrimination against women and their descendants, almost an “insult to injury.”
Thanks, Don. Your analysis addresses the point I had encountered in my research–the relationship of jus solis to subsequent naturalization by a parent. The underlying theory actually makes sense, i.e. that since the child acquired US citizenship at birth the parent’s naturalization had no effect (although the parent renounced their Italian citizenship by becoming a US citizen, the child was already a US citizen and therefore was not naturalized, thus not giving up Italian citizenship). I wonder why I was advised otherwise–hmmm, possibly time to consult a different Italian attorney?
Good luck in 2020.
By the way, have you encountered any unexpected issues or document requirements in your 1948 case?
Hi Emily,
Thanks for your reply. First, let me apologize for the length of this response, but I wanted to provide as much helpful information as possible.
First, it’s entirely possible that there is some new legal precedent regarding minors whose parents naturalize, of which I’m unaware, that will negatively affect my case. But my lawyers seem to think that’s not the case, and I’m certainly hoping they’re right. In any event, it couldn’t hurt to speak with another attorney just to get another opinion, and specifically bring up this issue.
As for any unexpected issues related to our case, my family and I are still very much in the early stages. All I’ve done so far is submit the papers to our law firm, who subsequently filed them with the court. So at this point all I can share with you is what I’ve learned regarding the collection of documents.
In short, I have 3 specific recommendations. In summary:
1) Start NOW amending any vital records.
2) Start NOW requesting naturalization certificates.
3) AFTER you’ve done 1 and 2, make sure that marriage certificates are the LAST vital records that you collect.
Now, my suggestions in detail:
1) Correct/amend any vital records NOW.
My first suggestion is that, even before you hire a law firm, make sure you correct any necessary vital records to remove typos or inconsistencies (e.g., incorrect dates, spelling of names, locations, etc.). Keep in mind that it can be very slow (and difficult, if not impossible) to amend the record of someone who is deceased, so if any of your documents have typos, start that process NOW. For instance, correcting my mother’s birth certificate took about 15 months.
If, by chance, you have any Pennsylvania vital records for a deceased ancestor that need to be amended, I have a recommendation for an attorney who did a great job for me, but he operates in Pennsylvania only.
2) Request naturalization records NOW.
My second suggestion is related to naturalization documents. If you have your ancestors’ original naturalization documents, KEEP THEM and DO NOT under any circumstances submit them to the court. They will permanently keep all the documents you send them, whether you win or lose your case, so don’t send them the originals.
Instead, request a copy from the USCIS genealogy program (https://www.uscis.gov/records/genealogy). The copy they will send you will look like something that a 3rd-grader photocopied for you, but it is, in fact, the copy that the lawyers will probably want. Keep in mind that when you request an apostille for those records, the State Department may tell you that they can’t provide an apostille for a document with a photocopied signature. That is normally true, but specifically for the purposes of Italian (and apparently German) dual citizenship, they can and they do.
Also keep in mind that all your documents must be translated by a certified Italian translator. So, If the naturalization document that USCIS sends you is illegible (as was one of the ones I requested), then the translator will not be able to read it (much less translate it). In that case, your lawyers may ask you to obtain a “certified true” copy of the certificate from USCIS (https://www.uscis.gov/tools/how-do-i-guides/how-do-i-guides-for-us-citizens/how-do-i-obtain-certified-true-copies-of-a-certificate-of-naturalization).
In any case, obtaining these documents can take time, so I suggest that you start this process NOW.
3) Do not request marriage certificates until the VERY END.
You’ll be collecting all kinds of vital records. However, know that the Italian government specifically requires any marriage certificates to be printed within 6 months from the date they’re submitted to the court. As a result, I suggest waiting until you have collected ALL the other necessary documents (birth, death, divorce, naturalization and anything else) before requesting marriage certificates. If any marriage certificate you provide was printed more than 6 months prior to the date it’s presented to the court, they will reject it.
That’s all I can think of for now. As I said, we’re still very much in the early stages of this, so I can’t offer any advice about the legal process itself or about what happens afterwards.
But in any case, I wish you luck on your case!
Hi Don,
Thanks so much for your thoughtful and detailed response–your suggestions are extremely helpful and will likely help me (and others) avoid unforeseen roadblocks. I will follow your approach and be absolutely certain that all documents are error-free!
I wish you the very best of luck in your court proceedings. Thanks!
Emily
Don, One further point. I checked again with my legal source and the previous conclusion was confirmed–birth in the US does not overcome loss of citizenship as a result of parental naturalization prior to the child attaining the age of majority.
So, apparently, opinions differ.
Hi Emily,
Thanks for sharing that link. I also find this link from the Italian Ministry of Foreign Affairs that only mentions loss of Italian citizenship if the parent naturalizes before the birth of the child: https://www.esteri.it/mae/en/servizi/stranieri/cittadinanza_0.html
It appears that the one case in 2019 is the first (and only?) one in which the citizenship of a US-born minor was revoked when their parent naturalized. So it does seem to be open to interpretation by the judge.
Hopefully the judge who hears my case will view my mother as not having lost her citizenship when her mother naturalized, but I suppose I won’t know for another 2 years!
In any event, best of luck to you in your efforts!
Hi! I am applying through my GGF (born in 1902 in Italy) —> GM (born in 1925 in US) —> M (born in 1951 in US) —> me (born in 1978 in US). My GGF never became a US citizen.
My cousin wants to apply for citizenship, too. But his mother was born in March 1948.
From the video I think we are both eligible for citizenship – is that correct?
Ciao Maria,
Based on the information here, it looks like you and your cousin have administrative cases and can apply through the Italian consulate in your jurisdiction. Feel free to contact me if you would like to retain my services. https://digginguprootsintheboot.com/contact/
Hi! I am applying through my GGF (born in 1878 in Italy) —> GF (born in 1910 in US) —> *M* (born in 1950 in US) —> me (born in 1981 in US). My GGF got his certificate of naturalization usa in 1929.
My twin brother wants to apply for citizenship, too. I think this can be done together via a Italian Console and does not fall under the 1948 rule?
If Console, then my twin brother, siblings, and mother need to sign “Declaration of Living Italian Ascendant” notarize and apostille or just mother?
You and your twin brother will have to schedule separate appointments with the Italian consulate in your jurisdiction. if you are in the same jurisdiction, you can use the same set of original documents. If you are both in different jurisdictions, you will need a complete set of documents for each jurisdiction. Feel free to contact me if you would like to retain my services. https://digginguprootsintheboot.com/contact/