Appealing "the 1948 Rule"

Prior to the Italian constitution being established in 1948, females were prohibited from transmitting their Italian citizenship to their children - this is known as “the 1948 rule”.

Giuseppe naturalized in Australia in 1922. Unfortunately this meant his children born after that date - Joe, Bernie and John - did not inherit his Italian citizenship.

Maria Terzita did not naturalize in Australia, however the 1948 rule prevented these three children from inheriting Italian citizenship from their mother.

So we are in a bit of a bind where Giuseppe lost his Italian citizenship prior to Nonno’s birth, and Maria Terzita was ineligible to transmit her still-intact citizenship to him. Unfortunately this means these branches of the family are unable to apply for Italian citizenship the standard way via the Italian Consulate.

In 2009 a precedent was set in the Court of Rome ruling “the 1948 rule” as unconstitutional. The lawyer who successfully set this precedent has since won 900+ trials with a 100% success rate, resulting in his clients being granted Italian citizenship.

The lawyer’s name is Luigi Paiano, I have been in contact with him to discuss our particular situation and he is confident that we have a strong case. Taking a legal challenge in the Court of Rome is the only way members of these families can obtain citizenship.