Decision of the Court of Rome, I Civil Section, No. 6391 of 26 February 2016

A Moroccan national brought an action against the Ministry of Interiors before the Court in Rome, for the Court to declare that he had acquired the Italian citizenship following the marriage with an Italian woman (Article 5 of law No. 91/1992, “New norms on nationality”). The Ministry had denied recognition of this right, on the grounds of Article 6 of law No. 91, which prevent from acquiring Italian nationality foreign citizens or stateless persons sentenced, by final decision, for an offense punishable with a maximum detention of not less than 3 years. The Court ruled that the determination from the administrative authority was correct. The extinction of the prosecuted crime, which later intervened, was irrelevant because rehabilitation is the only circumstance able to erase, under law No. 91, the effects of criminal conviction with regard to the acquisition of Italian nationality.