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- 🚨Important Update on the Recognition of Italian Citizenship by Descent
🚨Important Update on the Recognition of Italian Citizenship by Descent
Interview with Italian Lawyer Alessandra Galligani on the New Ministerial Guidelines
The Italian Minister of the Interior issued a new circular (Protocollo 43347 of 03/10/2024) with the subject: "Recognition of Italian Citizenship Jure Sanguinis - New Interpretative Lines Dictated by Recent Decisions of the Court of Cassation".
This new directive will have a significant impact on many Italian citizenship applications submitted through the administrative route, i.e. via Consulates and Comuni (municipalities).
To help us better understand the implications of this change, we interviewed Italian lawyer Alessandra Galligani, who has over 15 years of experience in Italian citizenship law. Alessandra is registered with the Pistoia Bar Association in Tuscany and is qualified to also present cases before Italy’s highest court, the Supreme Court of Cassation.
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Table of Contents
Q: Can You Explain the New Ministerial Circular “Protocollo 43347 of 03/10/2024”?
A: This circular introduces new government interpretations on three key aspects of Italian citizenship by descent:
1) The so-called “minor issue” in cases of Italian ancestor naturalisation.
2) The effective date of citizenship for those recognised as children of Italian citizens during adulthood.
3) Clarification that proving filiation in the absence of a birth certificate or parental details is only possible through court proceedings.
📜 1) “Minor” Issue
This relates to situations where an Italian ancestor naturalised in a foreign country while their child was still a minor. Two articles of Law n. 555/1912 are relevant:
“Except for special provisions to be stipulated in international treaties, the Italian citizen born and resident in a foreign country, by which they are considered a citizen by birth, retains Italian citizenship, but, upon becoming an adult or emancipated, can renounce it.”
“The unemancipated minor children of those who lose their citizenship become foreigners when they have common 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.”
Before this circular, the Ministry of the Interior considered that, unless prior to the birth of their descendant or before the 1st of July 1912, the Italian ancestor’s naturalisation did not affect the child’s Italian citizenship iure sanguinis, regardless if this happened when the child was a minor or adult.
With this circular, the Ministry of the Interior now aligns with the most recent decisions n. 17161/2023 and n. 454/2024 of the Italian Court of Cassation, which combine article 12, second paragraph, of the Law n. 555/1912, with article 7 of the same law.
These judges assert that a minor child residing with a naturalised parent loses their Italian citizenship and they can reacquire it within one year of reaching adulthood.
Practical Impact
The date of the Italian ancestor’s naturalisation remains crucial. For administrative cases, i.e. applications submitted via Comuni and Consulates, it is now also essential to determine whether the naturalisation occurred while the descendant was still a minor.
If the descendant was a minor at the time of their parent’s naturalisation:
The citizenship line is considered interrupted unless it can be proved that the minor reacquired citizenship within a year of reaching adulthood.
If the descendant was an adult at the time of their parent’s naturalisation:
The transmission of Italian citizenship remains unaffected.
📜 2) Effective Date of Citizenship Acquisition for Recognised Children
This point addresses situations where a person is recognised as the child of an Italian citizen after reaching adulthood.
In line with Court of Cassation ruling n. 5518/2024, the Ministry has confirmed that, based on the principle of equal status for all children of Italian citizens, the recognition of a child, whether by deed or judicial declaration, retroactively confers Italian citizenship from the date of birth.
This retroactive status applies regardless of when the recognition occurred.
📜 3) Child Status and Citizenship Proof
The Italian Court of Cassation with decision n. 14194/2024 clarified that, in cases where a birth certificate is missing or incomplete, the relationship of filiation between a child and their parent can be established through other forms of evidence, such as family recognition and social relationships.
With this circular, the Ministry says that this rule applies exclusively to court proceedings and is not valid in administrative cases processed through Comuni or Consulates.
Q: Who Does the Circular Affect?
A: The Circular is binding for administrative proceedings, meaning Italian Consulates and Comuni will apply these guidelines in both new and pending cases.
It is not binding for Italian judges in courts, as in Italy there is judicial independence from the executive power, and precedents are not binding. However, it is not possible to exclude that it may also influence judges. In the case of the minor issue, some courts, notably the Tribunale of Rome, have already had the Court of Cassation’s position in their rulings.
It is important to take into account that future changes within Ministerial guidelines cannot be excluded. Also the Italian Court of Cassation may be invested again on the matter and even rule differently. As lawyers, we will keep monitoring the jurisprudence.
Q: Will This Circular Also Affect Those with the “Minor Issue” Who Have Already Been Recognised?
A: No, the new circular explicitly states that it will not affect individuals who have already been recognised as Italian citizens. The new guidelines apply to new and pending cases only.
Thank You and Next Questions
Thank you, Alessandra, for your time and for your valuable insights into this new circular. We look forward to speaking with you again in our next interview.
In the meantime, if our readers have additional questions about the circular or other topics related to Italian citizenship, feel free to send them to [email protected]. We will select the most frequently asked questions for Alessandra to address in future interviews.
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