Introduction:
The applicants sought judicial confirmation of their Italian citizenship as direct descendants of an Italian-born ancestor. Due to the impossibility of accessing the consular procedure, blocked by excessive backlogs, the case proceeded before the judiciary. The Court evaluated the lineage, the applicable law, and the administrative context.
Outcome:
The Court upheld the petition in full, declaring the applicants Italian citizens from birth and ordering the Ministry of the Interior to complete all civil-status registrations. The Ministry was also ordered to pay legal costs, with the Court stressing that administrative inefficiencies cannot be shifted onto individuals forced to litigate to obtain recognition of their rights.
Challenge:
The applicants faced a complete administrative standstill: multiple Italian Consulates in the U.S. were shown to be experiencing extreme delays, making it impossible to book appointments or have applications processed within reasonable time. This uncertainty constituted a violation of their interest, justifying direct judicial intervention.
Action:
The legal team reconstructed the paternal line through certified, translated, and apostilled records, confirming continuous citizenship transmission and no renunciation by any ancestor. With proper documentation and established jurisprudence supporting timely recognition, the Court accepted the claim and ordered full implementation by the authorities.
For the privacy of our clients, all names are fictional, and any identifying details in the judgements have been obscured.