Do I have a valid 1948 case?

[greenmoonblitz]

A few years ago I posted my case on here but I wanted to make a new thread and see if I still have a valid path because I know there is a lot of great, knowledgeable people on here who know the law way better than I do and keep up to date with how the 1948 path is being interpreted by the courts

>GGGF
Born in 1854 in Italy, married in Italy, naturalized in the US in 1892.

>GGGM
Born in 1862 in Italy, married in Italy, moved to the US with my GGGF.

Their son (my great grandfather) was born here in the US in 1897.

[CaputoBruno]

Good evening, @greenmoonblitz -

Given your lineage, you were traditionally eligible to pursue Italian citizenship through a 1948 case. This pathway applies when an Italian female ancestor, who gave birth before January 1, 1948, could not transmit citizenship due to the laws in effect at that time. Italian courts have since recognized this as discriminatory, allowing descendants to claim citizenship through judicial proceedings.

However, the introduction of Decree-Law No. 36/2025 on March 28, 2025, has introduced significant changes. This decree imposes stricter eligibility criteria, limiting recognition to two generations and enforcing stricter rules. Importantly, the decree applies retroactively to applications not filed by March 27, 2025. This retroactive application has raised concerns about its constitutionality.

The Italian Constitutional Court (Corte Costituzionale) has scheduled a hearing for June 24, 2025, to assess the constitutionality of the current legislation on Italian citizenship by jus sanguinis. This case could have significant implications for individuals seeking Italian citizenship through ancestry, especially those affected by the "minor issue."

There are lots of changes taking place at this moment and if you have not already filed your case by March 27th, I would hold off at least until June 24th to see what the Corte Costituzionale has to say about all this. Hopefully they will agree that you already have Italian citizenship and it is simply you claiming your birth right. If that is the situation things will be able to proceed as previously. Otherwise you will need to speak with an attorney to give you the best advice moving forward. If all else fails, you could move to Italy on one of the many visa's and get citizenship through other means if that is your hearts desire.

I hope that helps!

[jeffreestar]

Because your great-grandfather was not born an Italian citizen, the line for transmitting citizenship to you is broken.