A Landmark Ruling: Victory Through Preparation

A recent judgment issued by the Tribunal on 11 November 2025 represents an additional piece in the complex framework of the recognition of Italian citizenship iure sanguinis, especially in cases where citizenship is transmitted through maternal lines prior to 1948.

The Tribunal, asked to assess the genealogical continuity of applicants descended from an Italian ancestor who emigrated to the United States, granted the claim. This decision holds that the principles developed by the Constitutional Court and the Court of Cassation since the 1970s—and in particular those established by the landmark judgment of the Joint Civil Divisions No. 4466/2009—remain fully applicable.

Background: How ViaMonde Prepared the Client for Success

The timeline of this case demonstrates the power of having the ViaMonde Document Department and Legal Team working in perfect synchronization.

• September 2024: The client engaged with ViaMonde for an eligibility study.

• October 2024: ViaMonde determined eligibility (A 1948 case through 4 generations with a minor issue).

• November 2024: The ViaMonde Document Department began researching, requesting, and preparing the documents for court.

• April 2025: The documents were completed. Because of the direct coordination with the legal team, the court documents (Letter of Engagement and Special Limited Power of Attorney) were finalized on April 10th.

• End of April 2025: Translations were completed.

• April 26, 2025: The case was filed.

  • Note: This filing occurred after the new Decree-Law was introduced in March, yet we proceeded with confidence because the documentation was impeccable.

• November 11, 2025: The client and family achieved recognition.

  
  

The Reasoning of the Judgment

The core reasoning of the ruling retraces the evolution of Italian citizenship law, highlighting how the original framework—characteristically patriarchal—was progressively dismantled by the Constitutional Court.

With judgments No. 87/1975 and No. 30/1983, the Court struck down two discriminatory cornerstones: the automatic loss of citizenship for women who married foreign nationals and the prohibition on maternal transmission. The Tribunal reiterates that, for maternal lines predating 1948, the administrative route is unavailable and recognition may be obtained exclusively through judicial proceedings, where the principle of status civitatis as a permanent and imprescriptible right of the individual is fully upheld.

The Impact of the New 2025 Law Of particular interest is the section addressing the newly introduced Article 3-bis of Law 91/1992, incorporated by Decree-Law 36/2025 and converted—with amendments—into Law No. 74 of 23 May 2025. As is well known, it introduces a significant restriction on the acquisition of citizenship iure sanguinis for those born abroad.

The Tribunal, however, found the provision inapplicable to the case at hand, both for reasons of temporal enforceability and because maternal descent prior to 1948 falls squarely within the sphere of protection consolidated by higher court jurisprudence.

This judgment therefore reaffirms principles that will have considerable impact on pending litigation. It clarifies that the recent legislative reform does not negate rights already established and recognized by living law—particularly when such rights are supported by principles of proportionality and by the need to respect other fundamental principles of the Italian legal system, such as the full protection of family unity.

As counsel in the case, the decision provides reassuring confirmation: in matters involving pre-1948 maternal transmission, the Judiciary remains the primary guarantor of the principle of equality, filling a gap that the legislature—despite intervening in the spring 2025 reform—has not yet addressed comprehensively.

A Winning Strategy

From a different perspective, the case confirms the strategic importance of an accurate and rigorous documentary reconstruction. This enabled the genealogical line to be traced clearly and without uncertainty back to the Italian ancestor, allowing the Court to verify that she did not lose Italian citizenship and was thus able to transmit it to her descendants.

The most reliable approach to bringing a citizenship case before the courts with a strong likelihood of success begins with meticulous preparation. It requires an in-depth analysis of all documentation combined with attentive listening to the client, in order to review in detail all factual and documentary elements that may serve as evidence at trial.

In this perspective, the winning strategy undoubtedly rests on two pillars, both of which are central to the ViaMonde method:

1. Communication: The establishment and constant maintenance of clear, continuous, and transparent communication.

2. Professional Support: Competent and reliable support throughout the demanding process of gathering and organizing the necessary documentation. This internal coordination allowed us to file swiftly and securely, even in a changing legal landscape.

Avvocato Maria Marinello

About the Author Avvocato Maria Marinello Avvocato Maria Marinello’s work on Italian citizenship by descent cases is done exclusively with ViaMonde.

Attorney Maria Marinello is a lawyer specializing in Administrative and International Law. In 2006 she graduated with top marks from the University of Palermo. After completing her legal traineeship in leading Administrative Law firms in Rome, Milan, and Palermo, she obtained a Master's degree in Diplomatic Studies in 2011 from the Italian Society for International Organization in Rome, in cooperation with the Italian Ministry of Foreign Affairs. In 2016 she earned a Ph.D. in "Theory of the State and Political Institutions.” Since 2010 she has headed her own law firm based in Palermo, with offices also in Rome, Milan, and Florence.