1948 cases: If you are eligible to apply for Italian citizenship by descent through a parent, grandparent, great-grandparent, or other ancestor, you might have come across this phrase. But what does this mean, exactly, and does it affect your application for citizenship?
1948 cases apply specifically to those who are seeking Italian citizenship through a female ancestor. To be more precise, a female who had her next-in-line child before January 1, 1948.
This was the date that the constitution of Italy came into effect, granting women the same rights as men and, with it, the right to pass on their Italian citizenship.
Prior to this, the Italian citizenship law of 1912 stipulated that citizenship could only be passed through a male line.
Furthermore, according to the 1912 law, Italian women married to non-Italian men before 1948 lost their Italian citizenship.
In 2009, a precedent was set in the Italian courts, and, based on this precedent, one can now challenge the above situations through the Italian courts.
This essentially means filing a lawsuit claiming that the 1912 law is unfair and unjust, and that the constitution should be applied retroactively to events that occurred prior to its promulgation.
Since 2009, the majority of such cases have been successful thanks to a few important factors, including the fact that the Italian government no longer represents itself in court, and that in recent trials the judges have been the same ones who previously granted citizenship.
However, there is still no guarantee that a case will be successful. Other family members who share the same Italian-born ancestor can join the trial with you, and you do not need to be physically present in Italy.
Documents needed to apply for Italian citizenship through 1948 cases:
To prepare your application, you will need to gather all vital records pertaining to the line of descent to the Italian-born ancestor, as well as proof that the ancestor did not naturalise, or that naturalisation occurred after the birth of the next-in-line.
These documents will need to be professionally translated into Italian and authenticated with an apostille.
The translations will also need to be certified, which can be done by submitting the documents to the court clerk prior to filing the case.
You can expect to pay between €200 and €500 for certified translations, whereas the fee to file your case with the court is €527*.
Do you need a lawyer?
Unlike citizenship applications filed through the consulate or municipality, you cannot file a court case alone. It must be done through an Italian lawyer.
Which court must be used?
Previously, all 1948 cases were filed through the Court of Rome, but, as of June 22, 2022, if you live abroad the case must be filed through the court in the regional county seats that cover the jurisdiction of the municipality where your Italian ancestor was born.
On the other hand, if you reside in Italy you can file in the court of the region where your municipality of your residence is located.
This does not affect cases filed before June 22, 2022, which must still go through the Court of Rome.
The purpose of this was to reduce the processing time and the workload in Rome.
How long does the process take?
Once all the vital records and other necessary documents have been collected, an appeal can be filed. The judge will schedule a hearing, in general between a couple of months to 18 months afterwards.
The lawyer representing you and your case will attend the hearing with the documents that demonstrate your line of descent.
The judge will usually communicate the outcome of the case to your lawyer 30 to 40 days after the hearing. If the outcome is successful, you must wait 60 days for confirmation, the timeline determined by the Code of Civil Procedure to allow for any appeals.
Following these 60 days, your Italian citizenship declaration is final, and certified copies of the judgment and your birth certificate will be sent to the municipality where your ancestor was born.
The entire timeline for such cases is usually one to one-and-a-half years.
If you are interested in applying for Italian citizenship and think you have a 1948 case, or need further information, visit the Italian Citizenship Assistance website.
Featured photo © fidelio/Adobe Stock
*Prices correct Dec 2023