Waiver as necessary requisite for the loss of the Italian citizenship.

Pursuant to art. 11 of Statute n. 91 of 1992, the acquisition of a foreign citizenship, even if it is followed by the transfer of residence overseas, would not necessarily imply the loss of the Italian citizenship, unless the person concerned has renounced to it by a conscious and voluntary act. In fact, according to joint provision of art. 4 of the Constitution, art. 15 of the Universal Declaration of Human Rights of 10 December 1948 and the Treaty of Lisbon of 13 December 2007, a person has a permanent and inalienable subjective right to the status of citizen, which can be enforced at any time before a Court and can be lost only by renunciation.

Cass. civ. Sez. I Sent., 03/11/2016, n. 22271 (rv. 642645-02)