Introduction:
The applicants sought judicial confirmation of Italian citizenship as direct descendants of an Italian ancestor born in Italy who later emigrated abroad. Although the claim could, in principle, be resolved administratively, prolonged and unpredictable waiting times made judicial intervention necessary.
Outcome:
The Court upheld the application and declared all applicants Italian citizens, ordering the Ministry of the Interior and the competent Civil Status Officer to complete all registrations, transcriptions, and annotations in the civil status registers, including communications to the relevant consular authorities. Legal costs were entirely set off.
Challenge:
The key obstacle was the systemic paralysis of consular procedures, with waiting lists preventing timely examination of citizenship applications. The Court reaffirmed that an unreasonable lapse of time in mandatory administrative proceedings amounts to a constructive denial of rights, thereby legitimizing recourse to the judiciary.
Action:
The legal team established the full line of descent through certified and apostilled civil status records, proving continuous transmission of citizenship under the law applicable at the time of each birth. With no maternal-line impediments and no evidence of renunciation, the evidentiary burden was met and the Court ordered immediate recognition.
For the privacy of our clients, all names are fictional, and any identifying details in the judgements have been obscured.