Italy “1948 cases” in 2026: can a pre-1948 maternal line still win in court after Law 74/2025?
As of 2026-06-10 · informational, not legal advice
The 1948-case route still exists — and it still means a lawsuit. Italian consulates have never recognized citizenship through a woman whose child was born before January 1, 1948; only courts apply the 2009 Sezioni Unite case-law (Cass. SU 4466/2009) that fixed the gender discrimination. What changed is the playing field: judicial claims filed by 23:59 Rome time on March 27, 2025 are decided under the old unlimited-descent rules, while claims filed afterwards face the new Art. 3-bis test — in practice you need a parent or grandparent who held exclusively Italian citizenship (or a parent with 2 years' residence in Italy before your birth). The Constitutional Court upheld the cutoff and the new limits (Sentenza 63/2026, deposited April 30, 2026), but further constitutional challenges (Mantova, Campobasso) were heard on June 9, 2026 and remain undecided — and whether a new pre-1948 claim can succeed through the exclusively-Italian-ascendant exception is genuinely unsettled at tribunal level.
Key facts
| Why court, not consulate | Consular pages (e.g. London, Berlin) recognize maternal-line transmission only for births after January 1, 1948 — pre-1948 maternal links are vindicated only before a judge, under the Cass. SU 4466/2009 line of authority |
|---|---|
| The cutoff | Judicial claims filed with the necessary documentation by 23:59 Rome time on March 27, 2025 are decided under the rules applicable that day (old regime); later filings fall under Art. 3-bis (introduced by Decree-Law 36/2025, converted by Law 74/2025, in force May 24, 2025) |
| The new test (post-cutoff filings) | Art. 3-bis deems persons born abroad with another citizenship never to have acquired Italian citizenship unless an exception applies — chiefly a 1st- or 2nd-degree ascendant (parent/grandparent) holding, or holding at death, exclusively Italian citizenship, or a parent legally resident in Italy for 2 continuous years after acquiring citizenship and before the birth |
| Sentenza 63/2026 | Decided March 11, 2026, deposited April 30, 2026: the Court held Art. 3-bis is an “original preclusion to acquisition, not a revocation”, leaves already-recognized positions and pre-deadline filers untouched, and found the cutoff distinction not arbitrary — questions partly unfounded, partly inadmissible |
| Still pending | Further constitutional referrals (Tribunali of Mantova and Campobasso) were heard June 9, 2026 — outcome not yet published as of June 10, 2026; tribunal practice on pre-1948 lines filed after the cutoff is unsettled |
| Where to sue | For claimants residing abroad: the tribunal hosting the specialized immigration section for the district of the Italian ancestor's birth comune (not a single national court) — the venue rule for proceedings filed since June 22, 2022 |
| Court fee | Contributo unificato of €600 per plaintiff — due by each claimant even in a joint family action (distinct from the €600 consular administrative fee for post-1948 applications) |
| Evidence rules | No witness testimony or oath is admitted; the claimant bears the burden of proving the line was never interrupted or lost (Art. 19-bis, Legislative Decree 150/2011) |
Likely still eligible
- Anyone whose judicial claim (with documentation) was filed by 23:59 Rome time on March 27, 2025 — decided under the old unlimited-descent rules
- Pre-1948 maternal lines where a parent or grandparent held (or held at death) exclusively Italian citizenship — textually within exception (c), though post-cutoff tribunal practice on this scenario is still unsettled
- Claimants whose parent was legally resident in Italy for at least 2 continuous years after acquiring Italian citizenship and before their birth (exception d)
Newly restricted
- Post-cutoff filers whose nearest exclusively-Italian ancestor is beyond the grandparent (e.g. a great-grandmother in the pre-1948 segment) and who can't use the parental-residence exception — the new default rule deems them never to have acquired citizenship
- Claims relying on testimony — the procedure now runs on documents alone, with the burden of proof on the claimant
Frequently asked
- I never filed anything before March 27, 2025. Is my 1948 case dead?
- Not necessarily — but it changed shape. If your parent or grandparent held exclusively Italian citizenship (or your parent had 2 years' legal residence in Italy before your birth), Art. 3-bis's exceptions can textually apply. Whether tribunals will accept that for pre-1948 maternal lines is the live, unsettled question of 2026 — no appellate authority existed as of June 10, 2026.
- Did the Constitutional Court kill the cutoff?
- No. Sentenza 63/2026 (deposited April 30, 2026) upheld it: the Court framed Art. 3-bis as an original preclusion rather than a revocation of acquired status, and found the pre/post-deadline distinction not arbitrary. Further referrals from Mantova and Campobasso were heard June 9, 2026 and were still undecided when this page was verified.
- Where do I file, and what does it cost?
- If you live abroad: at the tribunal whose specialized immigration section covers your Italian ancestor's birth comune (the rule for cases filed since June 22, 2022 — Rome is no longer the single venue). The court fee is €600 per plaintiff, due by each family member joining the action.
- How long will the case take?
- No official statistics exist for 1948-case durations, and we won't invent one. The venue decentralization of 2022 was aimed at Rome's backlog; budget for a multi-stage process and ask counsel for current local timelines at your specific tribunal.
- Why do pre-1948 maternal lines need court at all?
- Until January 1, 1948, Italian law did not let women transmit citizenship. The Sezioni Unite held in 2009 (Cass. SU 4466/2009) that the constitutional fix reaches those lines — but consular practice never adopted that case-law, so administrative recognition stops at post-1948 births and the claim must be established by a judge.
Related routes
Compiled from primary legal and official sources (below) — not legal advice. Citizenship law and fees change and turn on your exact documents; confirm with the competent authority or a licensed professional before acting. Verified as of 2026-06-10.
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