Introduction:
The applicants, both U.S. citizens, petitioned for judicial recognition of Italian citizenship iure sanguinis, tracing lineage through an Italian-born male ancestor. The claim was backed by full documentation and supported by the favorable opinion of the Public Prosecutor.
Outcome:
On March 8, 2024, the Court of Naples declared the petitioners Italian citizens. The judge ordered the Ministry of the Interior and the Civil Status Officer to proceed with all required and consular notifications. Court costs were fully compensated.
Challenge:
Despite the absence of a female link before 1948, the Ministry of the Interior challenged the applicants’ standing, arguing they should have waited for the consulates' administrative response. The court rejected this, citing Article 2 of Law 241/1990 and confirming the applicants’ right to seek judicial recognition given the unreasonably long delays acknowledged by the Italian Consulate in San Francisco.
Action:
The judge affirmed that Italian citizenship is imprescriptible and transmissible without interruption when descent is proven. Referencing Law 555/1912 and Law 91/1992, along with the 2009 Supreme Court rulings, the court held that paternal transmission requires no administrative exhaustion, especially in the face of proven consular inaction. Citizenship was thus confirmed from birth.
For the privacy of our clients, all names are fictional, and any identifying details in the judgements have been obscured.