Introduction:
The applicants sought judicial confirmation of their citizenship as descendants of an Italian-born ancestor from northeastern Italy. Although the Ministry entered an appearance, it raised procedural objections but did not oppose recognition on the merits. The Court assessed procedural prerequisites, administrative delays, and genealogical evidence.
Outcome:
The Court upheld the petition and declared the applicants Italian citizens from birth, ordering the Ministry of the Interior and the competent civil status office to complete all registrations, transcriptions, and mandatory annotations. Unlike other cases, the Court ordered costs to be shared, citing the non-adversarial nature of the proceeding and the absence of an administrative denial.
Challenge:
The Ministry attempted to argue a lack of standing and requested an “improper suspension” pending a constitutional review. The Court rejected these arguments, citing the recent Constitutional Court decision that dismissed comparable challenges. Additionally, the applicants faced extreme delays in consular procedures, with no predictable timeline for administrative recognition, delays the Court equated to a constructive denial of rights.
Action:
The legal team demonstrated uninterrupted descent through certified and apostilled records, proving that the Italian ancestor had maintained citizenship and transmitted it through subsequent generations. Relying on Supreme Court precedent (2022 twin rulings), counsel established that citizenship acquired jure sanguinis is permanent and can only be lost through explicit renunciation. The Court accepted the documentation, found no interruptive events, and ordered immediate implementation by the civil registry authorities.
For the privacy of our clients, all names are fictional, and any identifying details in the judgements have been obscured.