I find it interesting that the judge made such claims about the bilateral passage of citizenship due to the equality clause of the Constitution when this had nothing to do with the plaintiff's case. It sounds from your description like it was a straightforward, non-1948, non-naturalization case. I am guessing this was a lower court decision, not a Cassazione ruling. As such, the ruling stands on its own and sets no precedent. I am not aware of any other cases where inequality in the pre-1983 male-to-female-only path to citizenship by marriage has been argued, but have often thought such a case would be successful. Theoretically, it should be, as the logic would be similar to a 1948 claim. I am not optimistic that this could be used to overcome the Minor Issue, though, In Cassazione ruling 17161 on the Minor Issue, they specifically mentioned that Article 12(2) of 555/1912 takes precedent over Article 7. This interpretation terminates Italian citizenship for the jure soli-born minor for the purposes of oneness of the family unit--as citizenship of the father goes, so goes that of the family.
Good morning , the judge ruled talking about the transmission via marriage as part of the case. It was asked as a subordinate question. This ruling is correct, and not against the “minor interpretation “, but only a way to possible overcome if you met the same conditions. Keep following the channel, we will post new videos about the minor cases (won, also after the Cassazione Rulings of January 8th 2024).
I just got denied for having a minor case (exactly like your example of the grandfather) in my locality and my lawyer never told me about this potential problem. The lawyer says it is an opinion of the court, not the government mandated rules concerning immigration/citizenship and he said we are the first case where this ruling has been applied. In this case, does article 7 of Italian law 555 from 1912 no longer protect minors from their parents naturalization? Do we have any other options?
We need to better check your case and evaluating if we can appeal the decision. A government office should not apply a court precedent discretionally, if this is what happened. Please reach us through the contact form for a more detailed and well-oriented consultation on your case : mbersanilaw.com/contatti Sincerely, The Team-
Hello thank you for this informative video. I just got denied citizenship in my locality because of the minor case ruling under the exact circumstances you outlined in your example of the grandfather. My lawyer never informed me of this potential problem and he says we are the first case where this ruling has been applied. Furthermore he says this is an opinion of the state and not part of the government mandated rules for Italian citizenship/immigration. If this is the case, does article 7 of Italian law 555 of 1912 no longer actually protect minors from their parent’s naturalization? Are there any other solutions to the minor case?
We need to better check your case and evaluating if we can appeal the decision. A government office should not apply a court precedent discretionally, if this is what happened. Please reach us through the contact form for a more detailed and well-oriented consultation on your case : mbersanilaw.com/contatti Sincerely, The Team-
Hii my father naturalised Italian citizenship in 2014 and I born 2001 . Can I pass to my next child by descent also I live abroad . We only have Italian citizenship only . ?
Hello, you should have no problems, but we should also better check your case. Please reach us through the contact form: mbersanilaw.com/contatti Regards The Team-
Question - I know we are in "limbo" with regard to how the "minor issue" might affect JS citizenship applications, however - in your opinion - can an individual consulate office treat these cases differently from other consulates, if there has been no official change in JS criteria from the Ministry? Grazie
Good morning, there shouldn’t be a lack of consistency between Consulates, as the Law and regulations are the same for everyone. Any eventual inconsistency should be checked , to see if there’s a violation of rights. Best Regards The Team-
