Italian Citizenship by Descent Questioned in Italy’s Constitutional Court Should You Be Concerned?

[@MrCrazz23]

Even though this may not necessarily mean anything it just seems like a lot of stuff keeps coming up lately like the minor issue etcetera. It feels like the doors are starting to close on the opportunity to get citizenship by descent and it feels like in the future this isn't going to be an easy option anymore.

[@sonopotente9588]

Hi 🎉 Today, it is not an easy option in the majority of cases, though. Peace

[@MrCrazz23]

@@sonopotente9588 I am in the process of collecting my required documents myself so I agree. I should have said it would become much more difficult than it already is.

[@TheRomanTribune]

Yet at the same time mud people from Africa and the desert can get in completely free and even be given free handouts to do so.

[@sonopotente9588]

@@MrCrazz23 indeed ,thank you have fun

[@Behemoth66]

From what I’ve heard by family and people who live and work for the Italian government, these are just tactics in order to slow down the paperwork as they are overwhelmed ever since COVID and the amount of applications etc received during that time to now. So this is a tactic to try and slow down everything so they can catch up on their current cases

[@gabolifavmc]

The italian constitucion cannot take rights recognized away, this would have serious problems with the italian constitution. This happens in order to protect the rights of citizens, such as voting, citizenship, etc. The right of citizenship is given by birth. You are italian the day you were born. They CANNOT restrict this ALREADY given right. It's impossible unless Italy chooses to go against its constitution which is unlikely.

[@REASONFORTRUTH]

I am working with Marco and he and his team are awesome. I agree with Rafael DiFuria...it's wise to get started sooner than later...things are always changing. I don't see dual citizenship going away, but I can see limited to 2 or maybe 3 generations with a language requirement. It's WISE to get started ASAP...

[@gabolifavmc]

That's impossible. In Italy, the right of citizenship cannot be taken away. This would have serious problems with the constitution. Remember, your citizenship is a birth right

[@UkeJackson]

My family and I began the process with Marco Permunian and ICA in June 2020. 4 and a half later we're still waiting for news that our case was filed with the court.

[@regiopazzo]

@@UkeJackson really? I am about to hire them and submit payment for a 1948 case. What was the most time consuming part of the process with ICA so far for you. Thanks for sharing this.

[@goaliemojo4310]

I am working on this process, very frustrated and this didn't help. However, Marco seemed to suggest not to panic in regards to this new constitutional change "request". Any drastic changes would directly effect Marco's very active business and since he is a lawyer with insight into the court processes, to be trusted. The other factor not discussed is how much Italy needs an influx of population, and even retirees will be bringing growth to their economy. The fact that the descendants of Italian's under laws like Jure Sanguinis (Latin for "right of blood") who want to live in Italy, besides both bringing financial and population expansion, will be welcomed because THEY ARE ITALIAN'S by blood. I can only imagine how much this Judge who suggested constitutional change must be tired of all people who can't speak Italian in the city of Bologna, which is teeming with students from all over the world, besides the many tourists. I was there last March and it was packed! I'm trying to learn Italian before moving, but finding it very difficult. Thanks to these two for offering help!

[@salvatoreemma]

Thanks for this update. A game of ‘musical chairs’. It may depend on how soon one can get their petition on the court calendar before the music stops… and they’re out.

[@rayfaust30]

I am a current client and have been working on my case for the past two years. I would appreciate hearing Marco talk about the scenario I’m dealing with. Specifically, uncooperative US consulates and limited appointments and now having to switch to a lawsuit case to get my brother, mine and our children’s Italian citizenship.

[@CoryPrinzo-e6r]

I'm in the EXACT same boat. Been working with ICA for two years, and my case was turned into a 'minor issue' situation. So no more appt. at the LA consulate for me, instead I'm opening up a lawsuit when my application is complete, hopefully by summer 2025. All of these new developments scare me, but really it's business as usual, working as quickly as possible to get my application in!

[@ItalianCitizenshipAssistance]

Please get in touch with your case manager at ICA or with Marco directly via email to discuss your specific situation. Thank you very much

[@rayfaust30]

@ oh Francesca is totally on top of it!

[@Domcel]

I think it's ridiculous that someone going back to a great great grandparent, making them1/16th Italian, who left Italy, didn't get their foreign citizenship because they couldn't speak or write English easily gets their citizenship, then there are those who have both parents born in Italy are denied because their parents got their foreign citizenship. There are also those who have brothers or sister eligible for citizenship through their parents but another sibling is ineligible because they were born after their siblings and their parents had gotten foreign citizenship

[@MrBOSTodd]

Best case scenario would be that the law is changed that puts descendants of Italian women on equal footing with those of Italian men

[@regiopazzo]

Are Rafael and Marco referring to “Bill 752” here?

[@pumuckl0]

I think they are going to put three major restrictions in place as time goes on. The first one is well underway, which is the minor issue. Transferring citizenship to a minor before naturalization has been closed off for consulates and comunes, and the courts will slowly move that direction as well. The second will likely be the limiting of generations to parents or grandparents. Lastly, there will likely be a language requirement introduced to match the one that they already have for citizenship through marriage.

[@jacquelinegreazzo1538]

If going the route of a lawsuit in an Italian court, what is the cost?

[@critogni]

Useful, timely information! Thank you!

[@timlinator]

Would any of these changes effect someone already recognized?

[@thetechtrons3778]

Highly unlikely

[@markmasi9024]

No, constitutionally these issues would not cause a person to loose Italian citizenship.

[@timlinator]

@@markmasi9024 Glad to hear. I received recognition just over a year ago and my passport exactly a year ago. I actually had several routes to go but my GGF was the only male line. My grandmother was born in Italy but I would have faced the 1948 rule and have to go to court.

[@emiliocorsi6305]

I was recognized Dec 2022 and acquired a passport 24 October 2024. Now working on my wife’s.

[@jeffconley819]

I was always told that because my grandfather who immigrated to the USA in the 20’s and had a female child ( my mother) I was not able to receive my citizenship by decent.

[@heydeereman1040]

Is it now possible following the Rule 14194 to start a 1948 case without a birth certificate for my Grandmother and use her Baptismal record in its place?

[@salvatoreemma]

All 1948 cases in courts across Italy stop because one judge in Bologna asks a question?

[@TimeSpace1]

lol is this true or just a question? 1948 cases closed off too now?

[@salvatoreemma]

@ well, I hope my question is not true. I am exaggerating based on Marco’s later post on what’s going on in the courts around Italy regarding citizenship by blood.

[@chillywit]

It’s not just Bologna anymore. Other courts are putting stays on cases waiting for the constitutional court to rule on the matter. It won’t be too long before all the courts stop processing cases.

[@richl6995]

Could the constitutional court change the 1948 law with respect to a female ancestor?

[@pumuckl0]

I guess they could, but not sure which way that would go. There was talk about changing it to be in line with the constitution so that the courts would not get clogged up with cases. However, I think they are now more inclined to leave things as they are, because having to file an expensive court case is a deterrent for some people and the government seems intent on slowing down the number of citizenships by descent. The constitution says that women are equal, so they have to work within those parameters.

[@mikes8218]

who decided this should be a law anyway? not right!!