The Bologna Judge’s Referral to the Constitutional Court: Context, Analysis and Commentary

The context In March 2024, 12 petitioners filed a case in the Bologna court seeking recognition of their Italian citizenship by descent (iure sanguinis). Their claim was based on their female Italian ancestor, born in Marzabotto in 1878. Judge Marco Gattuso, assigned to the case, raised several questions to the petitioners’ representative regarding their permanent […]

Navigating Change: How the Citizenship by Descent Process has evolved since 2021

The journey to obtain Italian citizenship by descent (jure sanguinis) has always required determination and preparation. Over the last two years, however, a series of legislative, administrative, and judicial developments have made the process more complex, time-consuming, and more expensive for applicants. Key Developments in the Citizenship by Descent Process Here’s a timeline of the […]

New Italian Supreme Court Ruling And Its Impact On Citizenship Denials

The Italian Supreme Court (Corte di Cassazione) recently issued a significant ruling in case 36949/2024, which may affect individuals seeking Italian citizenship. The court reaffirmed that a finalized judgment cannot be reopened solely due to a shift in judicial interpretation, even if the new interpretation might favor the individual. While this ruling specifically addresses criminal […]

Choice of Law in Italian-American Successions

Choice of Law of Settlors in Italian-American Cross-Border Succession In the area of estate planning, common law jurisdictions typically afford much more discretion to the individual to design a scheme of distribution. Conversely, civil law systems (such as Italy’s) have statutes that tend to be long, detailed, and allow for less discretion on the part […]