Italian citizenship law is based on the de jure sanguinis principle, so any child born to Italian parents is legally an Italian citizen. But this principle has a legal twist that limits this transmission of citizenship to the lineage of women, which means a manifest gender inequality that demands its urgent review. This happens because originally, at the time when Law No. 555 on Italian citizenship was enacted in 1912, women were subordinate to the authority of the “paterfamilias.” This meant that legally both the woman and the children were dependent on the man of the family. This law is clearly consistent with the ideas of the time.
This situation seems to be solved with the promulgation of the Italian Constitution of 1948. Which was approved by the Constituent Assembly in the session of December 22, 1947. Published in the Gazzeta Ufficiale on 12/27/47, it came into force on January 1, 1948. The original text has undergone reforms, but its spirit remains.
“All citizens have equal social dignity and are equal before the law, without distinction of sex, race, language, religion, political opinions, personal and social conditions,” details the Italian Constitution of 1948.
In its article No. 3, among the “Fundamental Principles” they establish the principles of equality for all citizens. This meant that women had the right to transmit Italian citizenship to their sons and daughters.
How to manage it if the ancestry was born before 1948?
The Italian community in Argentina is one of the most representative foreign communities in the country from the 19th century to the present. According to estimates, approximately 62% of Argentina’s population – approximately 25 million people – is of mostly Italian origin.
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A large part of Argentines are of Italian descent, it is estimated that 65% of the population in our country has ancestors.
If there is a woman on the line, the first thing to ask is if her children were born before or after 1948, since, if the woman’s children were born before 1948, they will not be able to process citizenship through administrative means. In this case, they must inevitably request it through judicial means, which means starting a judicial process with the representation of an Italian lawyer.
In what cases does it apply?
The Italian study De. Martin & Asociados reports that to obtain Italian citizenship through maternal judicial means, it is appropriate when the son or daughter of the first woman within the line of descent was born before January 1, 1948. In that case Recognition must be requested through judicial means before the Italian Courts. The process is carried out by a lawyer in Italy.
In a country with a large number of Italian descendants, such as Argentina, obtaining dual citizenship can be quite a challenge. However, there is the possibility of hiring the services of Estudio y Gestoría De. Martín & Asociados, which carries out the management from the assembly of the folder to its obtaining, and also includes the transcriptions of the minutes.
How is the proccess?
The first step consists of compiling complete information about the chosen ancestor: it is important to know the precise dates and locations of events such as birth, marriage and death. From the data collected, according to each genealogy, the study determines the corresponding path to carry out the procedure.
Once the minutes are obtained, Estudio y Gestoría De. Martín & Asociados evaluates the viability and determines the corresponding route to process citizenship.
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Historic center, LACIO region, Italy.
PHASE I: JUDICIAL PROCEDURE: The folder is presented along with the power of attorney signed by the applicant(s) in Court, the judge who will control the documents is assigned, then the judge is assigned for the process.
PHASE II: NOTIFICATION OF THE ORDINANCE: With the trial completed within 60 days, it takes 6 months for the ordinance to become final, in this instance Italian citizenship is already granted. The lawyer himself notifies the Ordinance to the Ministero dell’Interno and the Public Prosecutor’s Office.
PHASE III: TRANSCRIPTION OF MINUTES: The lawyer must request the transcription of the ordinance and the corresponding minutes of those who were recognized as Italians in the commune where the AVO was born. The commune will then communicate ex officio to the competent consulate the recognition of the citizenship of the applicants.
Likewise, this alternative provides the opportunity for descendants of the same bloodline, with minors included, to make a request together and obtain citizenship together, as long as the folder meets the requirements established by the country. European.
Estudio y Gestoria De. Martín & Asociados stands out for its extensive experience and compliance with regulations and offers fluid management without difficulties.
Another service that is part of the offer that this company has for its clients consists of registration in the Registry of Citizens Resident Abroad (AIRE, for its acronym in Italian), which is carried out through the portal of Fast It consular procedures.
To learn more information about the services of Estudio y Gestoría De. Martín & Asociados, visit their website, Instagram account or YouTube channel.
Web: https://gestoriaciudadaniaitaliana.negocio.site/
Instagram: https://www.instagram.com/ciudadaniaitaliadmartin/
Youtube: https://www.youtube.com/@De.MartinAsociados
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by CEDOC