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In depth
A 1948 case is a judicial petition for Italian citizenship filed in the civil court of Rome (Tribunale Ordinario di Roma), available to descendants of Italian women who gave birth before January 1, 1948 — when Italy's Republican Constitution granted women equal citizenship transmission rights.
Before 1948, Italian women could not transmit citizenship to their children. The 1948 Constitution (Article 3) granted equal rights, but consulates long maintained this rule was not retroactive. In 2009, the Italian Supreme Court (Cassazione) ruled the pre-1948 restriction unconstitutional, allowing descendants to petition the court rather than the consulate.
1948 cases typically complete in 12-24 months — faster than consular filings at backlogged consulates (24-48 months in NYC or London). The case is filed in Rome, with one hearing 6-9 months after filing, and a sentence 3-9 months after the hearing. The petitioner does not need to attend — Italian counsel represents them.
Example
A descendant of an Italian grandmother who gave birth in 1946 (before January 1, 1948) must file a 1948 case in Rome rather than a consular filing.
Related terms
Jure sanguinis (Italian for 'right of blood') is the Italian citizenship-by-descent regime, which has no generational limit and is the most accessible CBD regime in Europe.
Judicial filing is the process of submitting a citizenship application through a court in the country of origin, rather than through a consulate or ministry.
Consular filing is the process of submitting a citizenship application through the country's consulate in the applicant's country of residence, rather than through a court or ministry in the country of origin.
The anagrafe is the Italian civil registry office that maintains records of residents, births, marriages, and deaths in each Italian commune (municipality).
An atto di nascita is an Italian birth certificate, retrieved from the anagrafe (civil registry) of the commune where the person was born.
Stato civile (civil status) refers to the Italian system of civil registration of births, marriages, and deaths, maintained by the anagrafe in each commune.