Jus Sanguinis Update: A Groundbreaking Victory in Reggio Calabria

Mixed Case Success: Denial of Justice & 1948 Maternal Lineage

A recent judgment by the Court of Reggio Calabria, published on November 13, 2025, has successfully granted Italian citizenship jure sanguinis to a family of 15 applicants. This groundbreaking case involved a complex "mixed" lineage—tracing back to a Calabrian ancestor who emigrated to the United States—where citizenship was transmitted partly before and partly after 1948 across four generations.

This victory stands as a testament to the importance of precision, speed, and strategic timing in the current legal landscape.

Background: The ViaMonde Timeline to Success

In a legal environment where timing is everything, our team moved with exceptional speed to secure this family’s rights before the legislative window closed.

• September 2024: The client engaged Viamonde for an initial eligibility study.

• October 2024: Viamonde confirmed eligibility, identifying a complex strategy combining "Denial of Justice" (consular delays) and "1948 Maternal Lineage" across four generations.

• November 2024: Our Document Department began the intensive process of researching, requesting, and preparing the necessary vital records.

• February – March 2025: Document collection was completed in record time. Thanks to direct coordination with our legal partners, court documents (Letter of Engagement and Special Limited Power of Attorney) were finalized and translated by early March.

• March 17, 2025: The Critical Milestone. The case was filed in court just days before the new Decree was introduced, securing the family's position under the previous favorable legal framework.

• July 2025: Applicants prepared notarized personal statements demonstrating their "Links to Italy."

• September 2025: Personal statements received their Apostilles.

• October 22, 2025: First court hearing held.

• November 13, 2025: Judgment Published. Citizenship recognized for all 15 applicants.

  
  

The Jurisprudential Foundation

The case was built on established jurisprudence from the Italian Constitutional Court, which protects the right of citizenship transmission through the maternal line. We relied on key judgments from 1975 and 1983, which declared the illegitimacy of the 1912 Citizenship Law (Law No. 555/1912) regarding:

• The automatic loss of Italian citizenship by women who married a foreign citizen, which unconstitutionally deprived them of their will.

• The failure to allow citizenship transmission to descendants of Italian mothers born before 1948.

This foundation was reinforced by the Court of Cassation’s United Sections (2009), which recognized the right of descendants to claim citizenship from an Italian mother even if the birth occurred before January 1, 1948.

Complexity: A Hybrid "Denial of Justice" & "1948" Strategy

This was not a standard case. It presented an intricate challenge: the line of descent began with an Italian mother before 1948 but included subsequent transmissions through different descendants after that date.

This combination created a "Mixed Case," incorporating elements of:

1. The 1948 Judicial Claim: Addressing the maternal transmission before the constitution.

2. Denial of Justice: Evidencing administrative inefficiency. Our strategy involved first presenting the case through various Italian Consulates in the U.S. to demonstrate a reasonable effort to activate the ordinary procedure. This critical step proved "bureaucratic paralysis"—a Denial of Justice—which justified bypassing the consulate to file directly in the specialized Italian court.

Crucially, because our team acted quickly to file in March 2025, the case was decided entirely under the previous legal framework, preceding the restrictive reforms of Law n. 74/2025.

Why We Won: The ViaMonde Approach

Given the complexity of a four-generation lineage with multiple bifurcations, the court demanded a meticulously organized presentation.

• Rigorous Genealogical Structure: We presented a strictly organized lineage from the Last Italian Resident Ancestor (LIRA) to each of the 15 applicants. Every link was supported by the U.S. Department of Homeland Security’s official proof of non-naturalization for the LIRA.

• Reliable Documentation at Speed: Every assertion was backed by authenticated documentation admitted as evidence. Our document team—working simultaneously on the ground in the U.S. and Italy—accelerated the retrieval process, allowing us to complete the file in record time before the Decree was enacted.

• Unified Legal & Administrative Analysis: Success was predicated on constant collaboration between the legal counsel, Viamonde, and the client. This fluency ensured that while the document team gathered evidence, the legal team was already structuring the strongest possible argument.

What This Means for You

This case proves that even complex, mixed-lineage cases involving large families can be won—but only with precision, speed, and the right legal strategy.

As the laws continue to evolve, the window to act effectively requires more than just gathering papers; it requires a coordinated legal and administrative attack plan. The family in this case succeeded because they moved from "eligibility check" to "court filing" in under six months.

Do not leave your citizenship to chance.

If you are navigating a complex lineage, facing consular delays, or concerned about the new laws, you need a strategy, not just a service.

Book Your Legal Strategy Session Now Let’s review your eligibility and build your path to recognition.