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                       Dual Citizenship
                 Legal Recognition of Italian citizenship

Italian  Dual Citizenship

How to Apply for Italian Citizenship?

Judicial Recognition before Italian Court 

The United States in the 1800s saw millions of Italians emigrate. Since the end of the 19th century, in fact, millions of Italians have moved abroad in search of work and a dignified life for themselves and their families.

Italian regions have seen their young people move to the green American prairies. Today we can rejoice in the path taken by our ancestors, who have given so much to the name of Italy and its children.

As a lawyer, I am particularly proud to be able to help and support the descendants of our courageous ancestors in acquiring and obtaining our  Italian citizenship!

The process of acquiring Italian citizenship "iure sanguinis" or blood's right is governed directly by Law No. 91 of 1992, which solemnly states in Article 1:

A citizen by birth is a child born to an Italian father or mother. These few words are a great gift for anyone with Italian origins.

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How to obtain Italian citizenship

It's very simple! Attorney Paolo Spanu can assist you in the process of judicial recognition of Italian citizenship before all Italian Courts, if you are Italian descent.

Descent can be through the paternal or maternal line: in the latter case, the only way to obtain recognition is through legal proceedings before an Italian Court.

Italian paternal citizenship can be requested at the Italian Consulate in the country of origin. However, due to the delay in completing the administrative procedure (required by law within two years), following this path is absolutely not convenient.

Moreover, a new obstacle has recently been added, namely the application for registration on the waiting lists of citizens in the Prenot@mi system of the Italian Ministry of Foreign Affairs.

Italian Dual Citizenship

This is, in fact, a very random system, where it is very difficult to get a reservation: it's a very "citizenship lottery", a quagmire full of traps where agencies have even emerged that promise success in booking after paying large sums of money.

All this can be overcome through legal proceedings before an Italian Court.

Attorney Paolo Spanu has numerous judgments that have recognized blood's right of Italian descendents  (maternally and paternally).


 

In our Law Firm you will find high professionalism and specialization in this sector, through a transparent path in terms of deadlines and costs to be incurred.

Italian Citizenship in Court vs. Waiting at the Consulate

Dual italian  citizenship

Appealing to the Courts for recognition of Italian citizenship iure sanguinis, even through the paternal line, has been repeatedly upheld by Italian Courts, both in terms of legal soundness and legitimate interest to act.

In fact, "according to the prevailing case law, including Supreme Court No. 28.873/2008, the provision of a special administrative procedure governed by Presidential Decree Law No. 572/1993 does not preclude protection before the ordinary Court, as the interested party has the right to request from the administrative authority a certification or a decision from the ordinary Court attesting to his status as a citizen, pursuant to Law No. 572/1993. 91/92 regarding citizenship, of which the

aforementioned Presidential Decree is executive, does not in any way require the interested party to submit a prior request to the competent Consular authority for the purpose of recognizing the status of Citizen. (Court of Rome, Section I No. 14108 of 09/06/2017, President Franca MANGANO, Judge Luciana SANGIOVANNI, Reporting Judge, Damiana COLLA).

Italian Citizenship Through Maternal Lineage

Maternal ancestry, that is, in the case of a child born to an Italian woman married to a foreigner before 1948, the year of the proclamation of the Italian Constitution, requires a judicial process.

On this point, it should be noted that, during the validity of the 1865 Civil Code, the daughter of a citizen father under Law No. 555 of 1912 denied the right to transmit citizenship iure sanguinis to her children and descendants.


However, "the Constitutional Court, with ruling No. 30 of 1983, declared the illegitimacy of Article 1, paragraph 1, of Law No. 555 of 1912, in the part that did not provide that the child of a citizen mother was also a citizen by birth; [and] the Italian Supreme Court, with the United Chambers ruling No. 4.466, of February 25, 2009, recognized that, even for situations existing before the entry into force of the Constitution, the right to citizenship must be considered a permanent and imprescriptible status, applicable at any time if its illegitimate deprivation persists even after the entry into force of the Constitution due to a discriminatory provision declared unconstitutional.

Let me know if you would like any further assistance or clarification!

Advantages of Italian Citizenship

Italian citizenship offers numerous advantages, both in Italy, within the European Union, and worldwide. Here are the main ones:

In Italy:

  • Political Rights:

    • Right to vote in political, administrative, and European elections.

    • Possibility to run for public office.

  • Access to Public Services:

    • Access to the national healthcare system.

    • Access to public education at all levels.

    • Access to social security and welfare benefits.

  • Employment Opportunities:

    • Possibility to participate in public competitions.

    • Possibility to work in certain sectors reserved for Italian citizens (e.g., armed forces).

  • Legal Security:

    • Right to reside in Italy without limitations.

    • Consular protection from the Italian State.

In the European Union:

  • Freedom of Movement:

    • Right to live, work, and study in any EU country.

    • Right to receive healthcare and social assistance in other EU countries.

  • European Rights:

    • Right to vote in European elections.

    • Right to petition the European Parliament.

    • Right to access consular services of any member state of the European union, when italian representation is not availiable.

Worldwide:

  • Italian Passport:

    • Facilitated access to numerous countries worldwide without visa requirements.

    • Consular protection from Italian embassies and consulates abroad.

  • Transmission of Citizenship:

    • Possibility to pass Italian citizenship on to one's children.

In summary, Italian citizenship provides a range of rights and opportunities that enhance quality of life and offer greater legal security.

Italian Dual Citinzenship

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