Court of Rome, Judgment of July 12, 2019

It stated that it adheres to the interpretation of the Supreme Court of Cassation, as it is “more attentive to the respect of the principle of gender non-discrimination and to the protection of the fundamental rights of the individual. Moreover, from a logical standpoint — even before a legal one — pursuant to Article 136 of the Constitution and Article 30 of Law No. 87 of 11 March 1953, the cessation of the effects of an unlawful law due to its discriminatory nature must necessarily have an immediate and automatic impact on pending or still justiciable situations, such as the right to citizenship. From the date on which the law became inapplicable, the inalienable right not to lose or to acquire the status of citizen of the claimant’s ancestors can at any time be recognized, and consequently, her own right to the declaration of her citizenship status as a descendant of a woman who, as of 1 January 1948, must be regarded as an Italian citizen.

The effects produced by an unjust and discriminatory law on matters of filiation, marriage, and citizenship status, which persist over time, must cease with the end of the law’s validity — even in the case of the death of any of the ancestors — such cessation taking effect from 1 January 1948, the date from which citizenship must be deemed automatically reacquired by those who lost or failed to reacquire it due to an unjust law, provided there has been no express renunciation by the entitled persons.

Therefore, based on the principles affirmed in the aforementioned judgments and their effect from the date of entry into force of the new Constitution, Italian citizenship must also be recognized for the children and descendants of Italian mothers born before 1 January 1948. It must therefore be held that the plaintiffs have duly acquired Italian citizenship as direct descendants of an Italian citizen who never renounced his Italian nationality.”

(See also: Court of Palermo, Order of 17 January 2024; Court of Rome, Orders of 17 April 2023 and 5 October 2023; Court of Rome, Judgments of 13 June 2019 and 20 July 2017.)