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[INTERNATIONAL] · Italy, Brazil · 2 sources

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Italian courts issue conflicting rulings on jure sanguinis citizenship

Legal developments regarding Italian citizenship through descent (jure sanguinis) have seen contrasting outcomes in recent court rulings. In Augusta, a significant result was achieved following a three-year legal battle led by attorney Francesco Liguori. The ruling confirmed the first case of citizenship recognition under a theory that protects rights acquired through administrative processes initiated before recent legislative changes. The defense argued that these positions were not merely future expectations but were already consolidated within active administrative proceedings, making them immune to subsequent regulatory limitations.

Conversely, the Court of Appeal of Rome upheld a rejection of a citizenship claim involving a Brazilian descendant of an Italian emigrant. The court ruled that essential documents proving lineage must be submitted at the time of the initial filing. Under the simplified procedure of the Cartabia reform, the court determined that allowing late evidence would undermine the speed and concentration of the legal process. This decision impacts many who filed claims late in 2024 to avoid new judicial fees but did so with incomplete documentation.

Entities

Court of Appeal of Rome · Francesco Liguori · Ministry of the Interior