In a historic decision, the Savona CourtIn the Liguria region, it was determined that decisions recognizing Italian citizenship by right of blood... (iure sanguinis) are immediately enforceable, even if under appeal.
The ruling establishes an important precedent for descendants of Italians, ensuring that rights linked to Italian citizenship are exercised without undue delay, reinforcing the importance of the immediate compliance with court orders by civil registry officials.
On June 14, 2024, the Court of Savona issued a sentence (NRG 1231/2024 VG) which recognizes Italian citizenship jure sanguinis and condemns the public administration to carry out the necessary bureaucratic procedures, such as the transcription of acts of civil status in Italian registers.
Even if this decision is appealed, it remains immediately enforceable. This decision follows the precedent established by Genoa Court in February 2022, which also affirmed the immediate enforceability of citizenship decisions.
The case of Uruguayan descendants
Savona's decision is based on a case where Uruguayan descendants of an Italian citizen, who immigrated to South America at the end of the 19th century, they sought recognition of their Italian citizenship.
O Genoa Court granted recognition and ordered the public administration to carry out the necessary bureaucratic procedures. However, the civil status officer of the Italian ancestor's birth municipality refused to comply with the court order, claiming that the decision was not final as it was under appeal.
The reaction of the Court of Savona
The descendants appealed to the Savona Court, which declared the civil status officer's refusal illegal and ordered the immediate execution of the decision, regardless of its definition.
The Savona Court emphasized that court orders recognizing Italian citizenship iure sanguinis are of a condemnatory nature and, therefore, immediately enforceable.
Precedents and legal implications
The Court of Savona based its decision on the understanding that judicial decisions recognizing the status of Italian citizens and ordering administrative actions are provisionally enforceable, in accordance with articles 702-ter and 282 of the Italian Code of Civil Procedure.
This understanding was reinforced by previous decisions of the Court of Cassation, which establish the immediate enforceability of decisions with a condemnatory nature.
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