THE WOMAN WHO BROUGHT A FOREIGNER BEFORE THE ITALIAN CONSTITUTION DOES NOT LOSE THE CITIZENSHIP

The Court of Rome, with a recent ruling, upheld the request formulated by the law firm of Avv. Roberto Coen, recognizing Italian citizenship from the birth of a person born in Israel in 1943, from an Italian mother and married to a Palestinian Jew, in what at the time was a territory subject to the British Mandate.

The Court of Rome reiterated the fundamental principle that the loss of Italian citizenship presupposes not only the spontaneous acquisition of the foreign citizen, but also an act of free and conscious renunciation on the part of its owner.

This renunciation had never occurred in this case, nor with the automatic acquisition of Israeli citizenship, according to the "return" law, applicable to all Jews who emigrated to Palestine, or to the effect of marriage to a foreigner, as it would be unconstitutional that the loss of the citizenship of the woman, due to the marriage with a foreigner, in the vigor of the L. n. 555 of 1912, even if the marriage was celebrated before the entry into force of the Italian Constitution.