Italian Citizenship judicial recognition- Italian Supreme Court of Cassation ruling n. 19428
Published by Liuzzi e Liuzzi International law firm in Italian Law · Friday 09 Aug 2019 · 2:45
Liuzzi e Liuzzi Italian and International Law & Tax Firm
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Italian Citizenship judicial recognition- Italian Supreme Court of Cassation ruling n. 19428 (sentenza della Corte di Cassazione Civile I)
The Italian Cassazione (Supreme Court of Cassation) with ruling number 19428 of the 3rd of August, 2017 has established that according to the permanent and indefeasible right of Italian citizenship recognition, the minor children of an Italian woman married to a foreign citizen, a woman who has established her residence in a foreign Country, lose their Italian citizenship according to what establishes articles 12 paragraph 3 Law 555 of 1912 (it applies in cases of “ratione temporis”) only an exclusively if their mother after having celebrated the marriage has spontaneously and voluntarily renounced her Italian citizenship as established by article 11 of the Italian Law 91/1992 if that renounce (as established by sentence n.87 of 1975 and n,30 of 1983 of the Italian Constitutional Court) has not been due to the acquisition of the nationality of the foreign husband as what is established by article 10 of Law 555/1912 or because of renounce realized wthout freedom of choice.
This judgement has been pronounced in a case where it has been the request of judicial recognition of Italian citizenship to two Egyptian citizens children of an Italian mother who has renounced to Italian citizenship only to respect what the Law in Egypt established at that time (that is the to renounce to the citizenship of the Country of origin and the conversion to the Muslim religion to marry an Egyptian man who was a military in Egypt).
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