Decision of the Court of Rome, I Civil Section, No. 5032 of 5 February 2016

The Court of Rome ruled that an Egyptian national was not entitled to the acquisition of the Italian nationality iure sanguinis, because of the loss of Italian nationality by the mother before his birth. The Court further observed that the mother’s loss of nationality had not automatically derived from marriage with a non-Italian citizen, as provided in Article 10.3 of law No. 555 of 2012, which the Constitutional Court declared unconstitutional in 1975. Rather, the woman had lost Italian nationality on her own free choice, and in order of obtaining the Lebanese nationality. Later, she made the declaration on reacquisition of Italian nationality, provided for in Article 17 of law No. 91 of 1992 (“New norms on nationality), which has no retroactive effects, however, and could not serve as a legal basis for the acquisition of Italian nationality by the son.